Telephone Consumer Protection Act

Private party litigants can seek the following relief under the TCPA: (1) Injunctive relief; (2) Actual damages or $500 for each violation of the Act (whichever is greater); or (3) Both Injunctive relief and damages (47 U.S.C. § 227(b)(3)). Courts also have the discretion to treble damage awards if a violation of the Act is "willful and knowing," i.e., each $500 violation could be increased to $1,500 in the court's discretion. What constitutes a "willful and knowing" violation of the TCPA depends on the court in which the action is filed. Specifically, some courts hold that a defendant ...