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TCPA claims don’t die

If a consumer files a lawsuit asserting a TCPA violation and then passes away, is the claim abated upon death?

No, the TCPA claim will continue after death. Under federal law, a claim survives a party's death if it is "remedial" rather than "punitive." Although the TCPA serves both remedial and penal purposes, a federal court determined that the TCPA private right-to-action is primarily "remedial," particularly because the TCPA provides courts with discretion as to whether and how much to increase damages, thus moderating the penal nature of the TCPA remedy.
Learn more about Carly Souther’s webinar
TCPA in 2019: Risks, Rules, & Regulation

First published on 12/30/2018

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