An Oft-Ignored Aspect Of Express Consent Under TCPA

Law360, New York (August 15, 2013, 11:59 AM EDT) -- Much ink has been spilled on these pages reporting on the spate of consumer class actions alleging violations of the Telephone Consumer Protection Act. The overwhelming volume of these cases is not surprising given the act’s uncapped damages and the burden on defendants to prove that they satisfy the requisite consent standards under the TCPA for placing certain types of calls (autodialed, prerecorded) and sending text messages. However, what has not received as much attention is the other issue with consent: even if a company possesses...
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