TCPA Litigation: Key Issues and Considerations

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.