The Eleventh Circuit recently issued an opinion in the case of Lary v. Trinity Physician Financial & Insurance Services which sheds light on several TCPA related issues. First the court held that a single fax (or call) could result in multiple violations of the TCPA, for which damages could be awarded. Next the court held that in order to be awarded treble damages under the TCPA, a Plaintiff must allege facts or present evidence to establish that the defendants knew that their actions were in violation of the law. The court concluded “If we interpreted the statute to require only that the violator knew he was making a ‘call’ or sending a fax, the statute would have almost no room for violations that are not ‘willful or knowing.’” Hopefully other courts will adopt this point of view, and require plaintiff’s seeking treble damages in TCPA lawsuits to prove the defendants actually knew that their conduct would violate the law. That being said, ignorance of the law is not an advisable strategy.
Eleventh Circuit provides helpful clarity on “willful or knowing” violations of the TCPA
