The federal Telephone Consumer Protection Act (TCPA) was enacted in response to the growing outcry of consumers concerning intrusive telemarketing and debt collection calls. It was intended to reduce the number of nuisance communications that consumers received. Perhaps not surprisingly, the TCPA also has resulted in a groundswell of litigation in New York and in other jurisdictions around the country, including by individuals or classes who claimed to have been the recipients of unsolicited spam text messages in violation of the TCPA.

Recent New York court decisions involving these allegations include George v. Shamrock Saloon II LLC, No. 17-CV-6663 (RA) (S.D.N.Y. Jan. 13, 2020); Duran v. La Boom Disco, 369 F. Supp. 3d 476 (E.D.N.Y. 2019); Forney v. Grand Island Chiropractic, P.C., No. 18-CV-616 (W.D.N.Y. Nov. 8, 2019); Schleifer v. Lexus of Manhattan, No. 17-cv-8789 (AJN) (S.D.N.Y. Sept. 24, 2019); Arnaud v. Doctor’s Associates, No. 18-CV-3703 (NGG) (SJB) (E.D.N.Y. Sept. 10, 2019); Simon v. Ultimate Fitness Group, No. 19 Civ. 890 (CM) (S.D.N.Y. Aug. 19, 2019); Gerrard v. Acara Solutions, No. 18-CV-1041V(F) (W.D.N.Y. June 27, 2019); and Battaglia v. Quicken Loans, No. 18-CV-1104 (W.D.N.Y. Feb. 4, 2019).