TCPA Litigation: Key Issues and Considerations
Practical Law The Journal | Litigation
July/August 2015
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.