TCPA Litigation: Key Issues and Considerations

["Practical Law The Journal","Litigation"]


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.
  • Emerging TCPA-related issues, including how the TCPA is being applied to new technologies.
  • 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.