Second District Blesses Private TCPA Actions.

The article discusses the issues of whether claims under the Telephone Consumer Protection Act (TCPA) may be heard by Illinois courts. It specifically examines whether such claims are assignable and whether penalty limitations period should follow the two years prescribed in Illinois or the four years prescribed by federal law. The court ruled that no state legislation is required to enable TCPA claims and that TCPA is a remedial statute. The question on statue of limitations was unresolved as it was not relevant to the case being heard.