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TCPA Quick Hitter: Court Holds Receipt of 98 Unwanted Calls Not Sufficient to State Intrusion Upon Seclusion Claim As a Matter of Law

Quick one for you.

As TCPAworld denizens know, Plaintiffs in these parts will often add a common law privacy claim or two to their complaints, as much for flourish it seems as anything else.

One commonly asserted theory is that unwanted phone calls intrude upon seclusion, a basic privacy right that was recognized at common law. Many courts struggle with the proper application of this privacy theory in the context of unwanted phone calls, however, and a remarkably diverse assortment of rulings exist on the subject.

The proper line of cases (in most jurisdictions) looks to whether the purported intrusion upon seclusion is “extreme” or “outrageous”—a standard that will only very rarely be met by unwanted calls.

As an example, in  Shadlich v. Makers Nutrition Llc, Case No. 8:20-cv-389-T-60CPT2020 U.S. Dist. LEXIS 161261 (M.D. Fl.  September 3, 2020) the court held that the alleged receive of 98 unwanted calls was not sufficiently outrageous or extreme to qualify as an intrusion on seclusion for invasion of privacy purposes. It dismissed the claim at the pleadings stage.

Keep it in mind,

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 252
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is 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. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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