Answer:
No, the TCPA claim will continue after death. Under federal law, a claim survives a party's death if it is "remedial" rather than "punitive." Although the TCPA serves both remedial and penal purposes, a federal court determined that the TCPA private right-to-action is primarily "remedial," particularly because the TCPA provides courts with discretion as to whether and how much to increase damages, thus moderating the penal nature of the TCPA remedy.
-----------------------------
Learn more about Carly Souther’s webinar
TCPA in 2019: Risks, Rules, & Regulation
print
share