TCPA Opinion Highlights Strategies For Avoiding Class Claims

Law360 (August 12, 2019, 12:20 PM EDT) -- An inordinate number of class actions are filed under the Telephone Consumer Protection Act, 47 U.S.C. §227(b). Principal issues in these cases revolve around whether the plaintiff (who received the call) consented to the call or revoked consent by advising the caller to stop calling, but then subsequently received a call. 

On their face, consent and revocation appear to be fact-intensive inquiries particular to the circumstances of each case. For that reason, motions for summary judgment to avoid TCPA liability often fail because courts hold that consent and/or revocation raise disputed fact issues. But recently, the U.S. District Court for the...

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