Law Office of Jennifer McCoy

TCPA Article III Battle Continues: “Enduring” a 30 Second Voicemail is Harm Enough to Afford Standing

The Office of Jennifer McCoy Law • Mar 02, 2020

With the ATDS picture slowly taking shape in TCPAWorld the newest battle surrounds Article III standing in the context of TCPA violations.

In order to assert standing to sue under the statute a Plaintiff must demonstrate–for each and every phone call folks–that the call caused “concrete” and “real world harm” that is “fairly traceable” to the Defendant’s conduct. A new decision out today in  Drake v. Firstkey Homes, LLC,  Case No. 19-cv-1746 (N.D. Ga. Feb. 21, 2020) explores the contours of both aspects of the standing inquiry. And–given the *ahem* creative arguments presented by the Defense– the decision is quite illuminating . . . [ Click Here To Continue ]

By The Office of Jennifer McCoy Law 02 Mar, 2020
By The Office of Jennifer McCoy Law 02 Mar, 2020
By The Office of Jennifer McCoy Law 02 Mar, 2020
By The Office of Jennifer McCoy Law 02 Mar, 2020
By The Office of Jennifer McCoy Law 02 Mar, 2020
By The Office of Jennifer McCoy Law 02 Mar, 2020
By The Office of Jennifer McCoy Law 02 Mar, 2020
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