Courts Continue to Look for “Actual Harm” in TCPA Cases

WHO: (1) a class action group of plaintiffs led by Noreen Susinno of New Jersey;
(2) Work Out World, Inc., the defendent;
(3) Judge Peter G. Sheridan

WHAT: Susinno was head of a class of plaintiffs who claimed that Work Out World, Inc.’s, use of an automated dialing system to leave a single pre-recorded message was a violation of the Telephone Communication Protection Act. Work Out World, Inc., countered that no actual harm was caused by this. In August of 2016, the judge dismissed the plaintiffs’ case since no harm could be proved.

WHEN: Susinno filed the suit in July of 2015; the case was dismissed 1 August 2016