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TCPA claims don’t die

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

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.
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Learn more about Carly Souther’s webinar
TCPA in 2019: Risks, Rules, & Regulation

First published on 12/30/2018

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