11th Circ. TCPA Ruling Not As Bad As Defendants May Think

Law360, New York (June 17, 2014, 10:33 AM EDT) -- One of the more troubling issues to arise in Telephone Consumer Protection Act litigation involves calls to reassigned cellphone numbers. "Almost 37 million phone numbers get recycled each year, a 16 percent increase since 2007, according to the most recent figures from the Federal Communications Commission."[1] While consent is a defense to a TCPA claim, that consent must come from the "called party." When a telephone number is reassigned from one person to another, and a company dials the number of the first person (who consented to receive calls at that number) but the phone is answered by a different person (who now uses a cellphone with the same number), who is the called party?...

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