December 1, 2022

Volume XII, Number 335

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TCPA Quick Hitter: Another Court Holds Threadbare Allegation of Prerecorded Voice Usage Insufficient to State a Claim

So real quick folks, I see a trend here.

In the old days–last year–a plaintiff could state a claim under the TCPA merely by alleging a prerecorded voice was used to contact him/her. No muss, no fuss.

Lately, however, courts have been requiring more.

Van Elzen v. Advisors, 2022 WL 16961131 (E.D. Wisc. Nov. 16, 2022) is of the same ilk. It holds that the mere allegation of prerecorded call usage is simply insufficient. Something more needs to be alleged. (And the fact that others received the same call is insufficient.)

That’s it. Something to be thankful for.

Big Thanksgiving blog up later today. We have so much to be thankful for.

Also for those looking to bid for advertising in the annual review the deadline is this Wednesday at noon pacific! Don’t miss it.

© 2022 Troutman FirmNational Law Review, Volume XII, Number 325
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About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA
Founder

Eric J Troutman is known as one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...

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