David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA).
"Although AAPC and Duguid are landmark TCPA decisions, they have not fully resolved questions that have bedeviled the lower courts for years," the authors wrote. "Instead, these decisions have given both plaintiffs and defendants the opportunity to exploit ambiguities in the TCPA that lower courts will be forced to resolve. Issues about the enforceability of the TCPA and the correct procedural stage at which to make an autodialer determination remain. The lower courts are left to scramble, and circuit courts that weigh in early have the power to dictate precedent nationwide."
Read the full article.