Can You Still Be Sued Under the TCPA?October 21, 2021 – Articles
In its most recent issue, For The Defense published an article by Dinsmore partner Richik Sarkar’s called "The TCPA Is Dead! Long Live the TCPA!" The article explains the history of the Telephone Consumer Protection Act, its recent changes, robocall restrictions, and what what life the Act has left. An excerpt is below.
The Telephone Consumer Protection Act has a long and litigious history. Passed in 1991, it focuses upon restricting telephone solicitations and the use of automated telephone equipment, providing technical requirements for fax machines, autodialers, etc. However, because of the substantial penalties for calls made to cellular phones without consent—between $500 or $1,500, depending upon whether a violation of the TCPA is willful—a cottage industry quickly formed. Over the past few years, the reach of the TCPA has been modified by the courts. This article will focus on some of the critical decisions over the past few years.
Download the PDF above to read the full article.