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The Telephone Consumer Protection Act (TCPA) has long been the
source of a tide of lawsuits that target legitimate businesses
engaged in outbound calling and texting. While the Supreme
Court’s 2021 Facebook v. Duguid decision clarified the
definition of the term “autodialer” under the TCPA, there
has been a troubling and recent uptick in the number of TCPA
filings. Writing on behalf of the U.S. Chamber of Commerce
Institute for Legal Reform, Wiley attorneys Megan Brown, Kathleen Scott, Stephen Conley, and Lauren Lerman recently authored a white paper
that examines the creative new pathways that plaintiffs’
attorneys are forging to get their feet back in the courtroom door
in the wake of Duguid and how this stream of lawsuits
hurts legitimate businesses and nonprofits attempting to
communicate with their clients, donors, and others.
“These trends make clear that despite the clarity that
Duguid provided, the onslaught of TCPA litigation against
legitimate organizations is not going away. Instead, it is
evolving, and businesses must stay one step ahead of opportunistic
plaintiffs and their attorneys seeking a payday.”
View the White Paper Here
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