Analysis

New TCPA Battleground Emerges Over Minors' Consent

By Allison Grande (November 24, 2021, 7:30 PM EST) -- A lawsuit in California federal court has brought to the forefront the issue of whether minors can provide valid consent for companies to call or text their cellphones, opening a fresh potential avenue of liability for businesses that both knowingly and mistakenly interact with children. 

Since the U.S. Supreme Court in April cut down the most popular theory for pressing claims under the Telephone Consumer Protection Act, the plaintiffs' bar has been exploring other ways to keep the TCPA litigation machine churning and capitalize on the potential for uncapped statutory damages of between $500 and $1,500 per violation.

One such strategy is...

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