Does Violation of the "Telephone Consumer Protection Act" Result in "Tech Injury"?

In short answer - YES - the Telephone Consumer Protection Act (TCPA) does permit private causes of action under 47 USC 227(b)(3) and (c)(5). The imposed penalties are dictated as being up to $500 per violation or the actual financial loss whichever is greater These penalties include potential enhancements for willful or knowing violations. The TCPA in essence prohibits unsolicited marketing callas, texts or fax and dictates the penalties and liability imposed for such violations. This federal statute is further supported by Texas law under the Texas Business & Commerce Code.
This type of outreach that is generally prohibited involves that which lacks consent, lacks an opt-out option and involves an automated process. But certain excepetions exists such as for normal notifications, information notices and prior commerce or business relationships.
The TCPA has different subsections distinguishing different levels of liability for different violations. Additionally, numerous Federal and Texas Courts have upheld the right to private causes of action including enforcement for violations of the TCPA.
Finally,
to bring action for TCPA violations it is important that factual and technical records of such TCPA violations be maintained as such is vital to obtain relief though any enforcement or litigatory process.
"People v. Tech"
