Telephone Consumer Protection Act (TCPA) litigation—with statutory damages of $500 per violation ($1,500 if willful or knowing) per illegal call—remains one of the hottest areas of consumer law today. This article advises practitioners how best to pursue such litigation in today’s environment of constantly shifting TCPA law. A 2025 Supreme Court decision, holding that courts no longer are bound to follow Federal Communications Commission (FCC) rules and interpretations and can consider anew many previously settled issues, has only increased the pace of changes in TCPA law.
The article from NCLC’s Digital Library focuses on four of the most current and important issues: whether the TCPA even applies to text messages now, whether the consumer’s prior consent to calls must be in writing (including the implications for digital consent), whether there is a private right of action for telemarketing calls that fail to comply with caller ID rules, and whether remedies for do-not-call list violations apply to cell phones.
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