John Haley | Bloomberg LawSoppet v. Enhanced Recovery Corp., No. 10-CV-05469 (N.D. Ill. Aug. 21, 2011) The U.S. District Court for the Eastern District of Illinois held that under the Telephone Consumer Protection Act ("TCPA"), a "called party" is the actual recipient of the call, and therefore denied a defendant's motion for summary judgment on the basis that it had consent to call from the person it intended to call. The court also held that a person has standing to sue under the TCPA even if she is not a called party under the TCPA.
Plaintiffs Claimed Automated Calls to Their Cell Phones
Plaintiffs Have Standing Even If Not Called Parties
Called Parties Is Actual Recipient
automatically release the called party's line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party's line to be used to make or receive other calls.
To view additional stories from Bloomberg Law® request a demo now