While the Telephone Consumer Protection Act (TCPA) of 1991 was enacted nearly 30 years ago, Miami-based Mark Migdal & Hayden partner and commercial litigator Yaniv Adar still sees companies making common errors in complying with the law. Such errors, which can range from overlooking state telemarketing laws to not understanding federal circuit courts’ evolving and varying views on TCPA violations, can net costly legal expenses paid to outside counsel or plaintiffs.

“Generally they are underestimating the seriousness of the TCPA, [and] a lot of companies don’t realize the exposure of such claims,” he said.

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