Plaintiffs Continue To Target Retail Text Programs

Law360, New York (March 27, 2017, 12:56 PM EDT) -- Michael P. Daly

Meredith C. Slawe The explosion of litigation under the Telephone Consumer Protection Act showed no signs of slowing in the first quarter of 2017. If anything the opposite was true, as January saw an 11.7 percent increase in TCPA filings over January 2016.[1] Those figures also do not take into account demand letters that are sent in an attempt to obtain swift presuit settlements, which anecdotal evidence suggests have increased as well.

Retail text message programs remain a clear focus of claims that challenge the sufficiency of consent or the processing of revocation requests. Mobile marketing is one of...

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