They note that the volume of litigation under the Telephone Consumer Protection Act (TCPA) has been “unrelenting,” and that retail text message programs have remained a particular focus of the plaintiffs’ bar.
Mike and Meredith discuss the FCC’s rulings on number of issues and explore the different approaches of the previous administration and the current administration under Chairman Ajit Pai. They also detail the incredible lengths to which some plaintiffs will go to exploit the TCPA and how some courts have reacted to those tactics.
They conclude that, “[i]n the absence of meaningful congressional or regulatory reform and as we await a ruling from the D.C. Circuit on the proper interpretation of the statute, retailers should continue to mitigate their TCPA risk by observing best practices and engaging in active vendor management.”