Jeffrey N Rosenthal Joshua Briones Ana Tagvoryan

July 28, 2015 | The Legal Intelligencer

The Telephone Consumer Protection Act (TCPA) generally prohibits placing calls or sending text messages using an "automatic telephone dialing system" (ATDS) without the prior express consent of the called party. Given the high stakes in TCPA class actions ($500 to $1,500 per violation), litigants across the country have butted heads over the proper interpretation of key statutory provisions. This includes: whether the definition of an ATDS encompasses new calling technologies ubiquitous today, but that were not in existence when the TCPA was enacted in 1991; the extent to which intermediaries who play only a limited role in placing a call are liable; whether a business violates the act by calling a number for which it had consent but that was subsequently reassigned; how customers may revoke consent; and whether non-telemarketing calls are exempt.

By Jeffrey N. Rosenthal, Joshua Briones, Ana Tagvoryan and Harrison M. Brown

7 minute read

July 27, 2015 | The Legal Intelligencer

The Telephone Consumer Protection Act (TCPA) generally prohibits placing calls or sending text messages using an "automatic telephone dialing system" (ATDS) without the prior express consent of the called party. Given the high stakes in TCPA class actions ($500 to $1,500 per violation), litigants across the country have butted heads over the proper interpretation of key statutory provisions. This includes: whether the definition of an ATDS encompasses new calling technologies ubiquitous today, but that were not in existence when the TCPA was enacted in 1991; the extent to which intermediaries who play only a limited role in placing a call are liable; whether a business violates the act by calling a number for which it had consent but that was subsequently reassigned; how customers may revoke consent; and whether non-telemarketing calls are exempt.

By Jeffrey N. Rosenthal, Joshua Briones, Ana Tagvoryan and Harrison M. Brown

7 minute read