Uncertainty Arises With Court Divide on Robocalls

Retailers Await FCC Robocall Decision Amid Court Splits
– Bloomberg BNA

Manatt’s Christine Reilly, chair of the firm’s Telephone Consumer Protection Act (TCPA) compliance and class action defense practice, spoke with Bloomberg BNA for an article on split court decisions on autodialers and robocalls.

Looking at earlier Federal Communications Commission interpretations, the publication noted that courts have been split on deciding what constitutes an autodialer. This has led to confusion among companies, leaving them to wonder what equipment they can use to send robocalls.

Reilly said that companies need to use a system that’s either been tested in the courts or can’t make automated calls, or, barring that, they should ensure they get customer consent to avoid liability.

Read the article here



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