Law360 (July 31, 2020, 3:29 PM EDT) -- At a time when unemployment has reached record heights due to the COVID-19 pandemic, the U.S. District Court for the Western District of New York recently provided much-needed clarity on the scope of the Telephone Consumer Protection Act in deciding that job opportunity text messages do not constitute advertisements or telemarketing under the TCPA, and dismissing with prejudice a putative class action complaint at the pleading stage.
Taken with a U.S. Supreme Court decision days later in which the TCPA largely withstood a direct challenge in Barr v. American Association of Political Consultants, and the U.S. Supreme Court's agreeing to consider...
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