October 12, 2016

Reconsidering ‘Traceability’ Element of TCPA Standing

By Michael Daly, Justin Kay, and Victoria Andrews

Partners Michael P. Daly and Justin O. Kay and associate Victoria L. Andrews authored “Reconsidering ‘Traceability’ Element of TCPA Standing” for Law360.

In two recent decisions, Romero v. Dep’t Stores Nat’l Bank and Ewing v. SQM US Inc., the U.S. District Court of the Southern District of California dismissed TCPA cases based on a lack of Article III standing. Specifically, the court addressed the issue of “traceability,” and found that if the alleged injury (such as the alleged aggravation of receiving a call) would have been the same if the call were dialed manually, then the alleged injury could not be traced to the alleged use of an Automatic Telephone Dialing System. The column examines the decisions and considers whether other courts will accept this defense in future TCPA cases.

Read “Reconsidering ‘Traceability’ Element of TCPA Standing.”

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