Eighth Circuit Rules Against Telemarketing Company on TCPA Claim, Yet Declares $1.6 Billion in Statutory Damages Unconstitutional


The U.S. Court of Appeals for the Eighth Circuit found that unwanted, prerecorded phone messages to consumers, even without any other alleged harm, met the injury-in-fact requirement for Article III standing to bring a Telephone Consumer Protection Act (TCPA) claim. However, the Eighth Circuit also concluded that the TCPA-mandated statutory damages of $1.8 billion would violate the Due Process Clause of the U.S. Constitution.