TCPA Changes Spell More Class Action Headaches

Law360, New York (October 11, 2013, 9:51 PM EDT) -- Under long-anticipated changes to the Telephone Consumer Protection Act rule set to take effect Wednesday, telemarketers will have to receive express written consent from consumers before making calls or sending texts, a shift that will allow plaintiffs to pad an already saturated class action docket.

The revisions to the TCPA rule published by the Federal Communications Commission in June 2012 tighten restrictions on sending telemarketing calls or texts by requiring companies to obtain “prior express written consent” from consumers rather than simply inferring that the consumer...
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