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January 4, 2023

Law360

Will individual states move to amend or establish their telemarketing statutes in 2023?

With the possibility of a shift in focus, Partner Stephen Newman reflects on Telephone Consumer Protection Act-related issues that need to be monitored in federal court, and more specifically, the massive statutory damages awards that are possible under the statute, which includes minimum penalties but no cap.

Stephen states, “How aggressively will appellate courts reduce aggregate statutory damages awards, either on standing or excessiveness grounds, and will the Ninth Circuit’s recent decision in Wakefield v. ViSalus, rejecting a $925 million verdict, gain traction in other jurisdictions?”

Read the full article here [Subscription Required].

January 4, 2023

Law360

Will individual states move to amend or establish their telemarketing statutes in 2023?

With the possibility of a shift in focus, Partner Stephen Newman reflects on Telephone Consumer Protection Act-related issues that need to be monitored in federal court, and more specifically, the massive statutory damages awards that are possible under the statute, which includes minimum penalties but no cap.

Stephen states, “How aggressively will appellate courts reduce aggregate statutory damages awards, either on standing or excessiveness grounds, and will the Ninth Circuit’s recent decision in Wakefield v. ViSalus, rejecting a $925 million verdict, gain traction in other jurisdictions?”

Read the full article here [Subscription Required].

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