Analysis

TCPA Rulings Give Cos. Liability Shield, But No Knockout

Law360 (July 6, 2018, 10:38 PM EDT) -- The Second and Third Circuits recently offered a boost to companies fighting spam call and text suits by backing narrow definitions of what constitutes an autodialer under the Telephone Consumer Protection Act, but differences in the ways the appellate courts reached their conclusions highlight lingering uncertainty that attorneys say sorely needs to be resolved by the Federal Communications Commission.

As the flood of TCPA class actions has continued to grow in recent years, a primary point of contention has been over the threshold issue of whether plaintiffs have alleged enough to prove that the company being sued placed the offending calls...

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