Co-chairs of Kelley Drye’s TCPA Litigation Practice Alysa Hutnik and Lauri Mazzuchetti authored the Practical Law The Journal | Litigation article “TCPA Litigation: Key Issues and Considerations.” The article explains that as more and more companies engage in mobile delivery platforms to communicate with consumers, there is a greater business risk and potential for legal exposure under the Telephone Consumer Protection Act (TCPA).
This article discusses:
- Rulemaking authority under the TCPA and the scope of the TCPA, highlighting the most commonly litigated areas.
- Enforcement powers under the TCPA.
- Key issues in class action lawsuits brought under the TCPA.
- Recent Federal Communications Commission (FCC) TCPA rulings, which may expand and modify compliance obligations.
- The potential for third-party liability under the TCPA.
- Best practices for companies and their counsel to minimize internal and third-party TCPA-related liability risks.