Litigation alert | October 2015 Accordingly, it held that the plaintiff had statutory standing to bring a claim under the TCPA The Leyse court recognized that not everyone who fortuitously happens to pick up a residential phone and receives an unwanted robocall has TCPA standing, even under its expansive view. “Congress’s repeated references to privacy convince us that a mere houseguest or visitor who picks up the phone would likely fall outside the protected zone of interests.” Further, the consent of a “called party” remains a defense to a claim, even if the plaintiff is someone other than the “called party,” e.g., either the subscriber or the customary user of the phone number. Despite these limitations, however, the Leyse decision is likely to further muddy the waters of TCPA compliance. By refusing to limit TCPA liability to calls to intended recipients, and instead extending statutory standing to an amorphous and undefinable class of persons falling within the TCPA’s “zone of interests,” the Third Circuit has made it exceedingly difficult if not impossible for telemarketers to comply with their obligations. In addition, Leyse likely will make it much more difficult for defendants to bring successful motions to dismiss, greatly increasing the time and expense needed to defend TCPA claims and ratcheting up the pressure to settle even claims with little or no merit. For more information about this alert, please contact Gerald Arth at 215.299.2720 or garth@foxrothschild.com. Attorney Advertisement © 2015 Fox Rothschild LLP.

All rights reserved. All content of this publication is the property and copyright of Fox Rothschild LLP and may not be reproduced in any format without prior express permission. Contact marketing@foxrothschild.com for more information or to seek permission to reproduce content. This publication is intended for general information purposes only.

It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. This publication is based on the most current information at the time it was written.

Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this publication. www.foxrothschild.com .