In 2012, lawsuits alleging violations of the Telephone Consumer Protection Act (TCPA) were up more than 60 percent over the previous year, while the number of suits filed against debt buyers and collectors that claimed violations of the Fair Debt Collection Practices Act (FDCPA) were down. The shift in consumer focus speaks to the potential for higher payouts stemming from TCPA awards.

The decision in the Soppet case in May 2012 has been a major factor in the increase in TCPA-related class actions. Alan S. Kaplinsky, Practice Leader of Ballard Spahr's Consumer Financial Services Group, covered the case for insideARM.

Mr. Kaplinsky summarized the Seventh Circuit Court of Appeals ruling by stating that the court "held that a prior subscriber’s consent does not serve as ‘the prior express consent of the called party’required by the TCPA for autodialed, non-emergency calls to cell phone numbers." He wrote that the potential for more lucrative penalties is the main cause for the huge spike in TCPA cases: "We continue to see a high volume of class actions against companies alleging TCPA violations. In part, this is because the penalties are draconian. Violations can yield damages equal to a minimum of the greater of $500 or actual damages per violation, triple damages for willful violations, and unlimited class action liability."