Is That An Automatic Phone Dialing System In Your Pocket?

Law360, New York (August 2, 2013, 1:05 PM EDT) -- In the past three years, courts across the country have seen an explosion in Telephone Consumer Protection Act litigation. In large part, the TCPA has become the darling of the plaintiffs’ bar because its formula for recovery is so simple:

Did the defendant send the plaintiff a text message, or call the plaintiff and/or leave a message using a prerecorded voice?

Did the defendant use an “automatic telephone dialing system” to send that text or make that call?

If so, unless the message was for emergency...
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