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Third Circuit Agrees that Plaintiff has Standing to Sue in a Single Call TCPA Case

After receiving an unsolicited telemarketing call from Work Out World, the Plaintiff through Marcus & Zelman, LLC decided to fight back. Consumers are sick and tired of receiving unsolicited phone calls and pre-recorded message. These calls are not only annoying, but they invade on your legally protected right to privacy.  Just as the law protects you from being poked or pushed on the street, the Telephone Consumer Protection Act (“TCPA”) protects you against receiving these phone calls. In addition, the TCPA entitles you to up to $1,500 for each phone call that is in violation of the Act.

The district court initially ruled in favor of telemarketer and held that a single phone call in which the consumer was not charged for could not be a violation of the TCPA. Marcus & Zelman then appealed this decision, and argued that even a single phone call invaded the privacy rights of a consumer, and was a violation of the TCPA. The U.S. Appeals Court unanimously agreed with us.

This decision not only impacts the Plaintiff in this case, but can have widespread consequences to those businesses who are continuing to violate the TCPA with their use of automated or pre-recorded solicitation calls. The violations of the law, whether through one call or hundreds of calls, can not be tolerated. This case shows that we will continue to fight back for those victimized by telemarketers.

If you would like to find out if you may be entitle to fight back with a TCPA lawsuit, please contact the attorneys and Marcus & Zelman, LLC today.

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