D.C. Circuit Court Decision May Help Level the Playing Field for TCPA Defendants
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- The Court of Appeals for the D.C Circuit recently invalidated several plaintiff-friendly portions of the FCC’s 2015 Order interpreting key provisions of the Telephone Consumer Protection Act, a statute that prohibits placing autodialed calls or text messages to cellular telephones without prior express consent.
- This decision may make it easier for defendants to defeat class certification in TCPA cases, particularly where defendants can demonstrate that they have controls in place to ensure that they are autodialing consumers or account holders who provided prior express consent.
- A more business-friendly FCC now has the opportunity to issue new rulemaking that could significantly curtail TCPA litigation against companies who have made good faith efforts to autodial only their consumers and account holders.