Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 27, 2015
The Firm
201-896-4100 info@sh-law.com
A recent decision by the Third Circuit Court of Appeals could lead to increased exposure for New Jersey businesses under the federal Telephone Consumer Protection Act (TCPA). In Leyse v. Bank of America National Association, the federal appeals court held that recipients of telemarking calls may have standing under the statute even if they were not the callers’ intended targets.
One of the goals of the TCPA was to address the proliferation of automated telemarketing calls to private residences. The federal statute prohibits any person from, among other things, “initiat[ing] any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the [Federal Communications] Commission.”
As we have previously discussed on the Scarinci Hollenbeck Business Law Blog, running afoul of the TCPA can be costly because the statute authorizes statutory damages of $500-$1,500 per violation, regardless of the actual damages suffered by the recipient. Plaintiffs’ lawyers also frequently rely on the federal statute as the basis for bringing class-action lawsuits.
In this case, plaintiff Mark Leyse filed suit under the TCPA after receiving a prerecorded telemarketing call on the landline he shared with his roommate. Leyse was not the intended recipient of the call—his roommate was. For this reason, the District Court dismissed the complaint for lack of statutory standing.
The Third Circuit reversed, holding that the plaintiff’s “status as a regular user of the phone line and occupant of the residence that was called brings him within the language of the Act and the zone of interests it protects.”
As further explained by the Third Circuit, “the Act’s zone of interests encompasses more than just the intended recipients of prerecorded telephone calls. It is the actual recipient, intended or not, who suffers the nuisance and invasion of privacy.”
Under the court’s holding, a houseguest or other temporary visitor would likely not have standing. However, a regular user of the telephone line who occupies the residence would. “The complaint alleges that Bank of America placed a call ‘to Leyse’s residential telephone line.’ At the motion to dismiss stage, we are required to treat this allegation as true, and it places Leyse squarely within the zone of interests[,]” the Third Circuit decision stated.
The Third Circuit’s decision is in line with similar rulings by the Seventh and Eleventh Circuit Courts of Appeal, which have also granted TCPA standing to members of the household of the intended recipient, as well as the determination of the Federal Communications Commission.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!