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Expert Analysis

'1 Free Misdial' And Other Lessons From FCC's TCPA Order

Law360, New York (August 11, 2015, 10:59 AM EDT) -- The recent declaratory ruling by the Federal Communications Commission provides much-needed clarification for courts wrestling with any one of several issues commonly seen in current Telephone Consumer Protection Act litigation: (1) whether an automatic telephone dialing system ("ATDS") was used to make a call; (2) who is the person that "makes" a call within the meaning of the TCPA; (3) from whom must callers obtain consent when consent is required; (4) when callers must obtain prior express written consent — as opposed to the normal prior express consent; and (5) the extent of liability for calling reassigned phone numbers.[1]...

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