'Smart Home' Providers May Be Liable Under The TCPA

Law360, New York (July 5, 2016, 1:00 PM EDT) -- In many ways, it is becoming easier and easier to violate the Telephone Consumer Protection Act (TCPA). Congress passed the TCPA in 1991 with the simple goal of stopping automated phone calls that consumers did not consent to receive.[1] And as technology morphed and changed over the years, the Federal Communications Commission interpreted the statute so that the restrictions on automated phone calls extended to text messages as well.[2] This interpretation, of course, has made it that much more difficult for businesses to comply with the TCPA, seeing that consumers exchange text messages with businesses all the time. Consider the scenario...

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