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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!