TCPA Litigation Remains Challenging for Policyholders

Telemarketing Lawsuits Dial Up the Pain
– Business Insurance

Manatt's Christine Reilly, leader of the consumer protection, advertising and competition practice, spoke to Business Insurance about a recent rise in litigation stemming from alleged violations of the Telephone Consumer Protection Act (TCPA).

The litigation mainly focuses on “whether a called party has provided prior express consent to receive calls or texts using an automatic telephone dialing system,” according to Business Insurance.

Critics of the TCPA claim the statute, enacted in 1991, is based on outdated fax technology and makes business-to-consumer phone calls “legally hazardous.”

Reilly noted that there is a “huge spread” between companies that are acting out of their “legitimate business interests” and those that are “flagrantly violating the law” in practicing robocalling with customers.

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