Burr & Forman

11.30.2016   |   Articles / Publications

Intellectual Property & Technology Law Journal: What is an Automatic Telephone Dialing System? The New Battleground in TCPA Litigation Since the FCC’s Declaratory Ruling

In an article published on in the November issue of Intellectual Property & Technology Law Journal, Joshua H. Threadcraft discusses how the Telephone Consumer Protection Act (TCPA) is constantly changing and analyzes the recent lawsuits it has faced. Threadcraft starts by providing insight to the history of the TCPA. The Telephone Consumer Protection Act was enacted in 1991 to protect privacy interests. Most lawsuits involving the TCPA place at issue its prohibition against calls to cellular telephones using artificial and prerecorded voices or Automatic Telephone Dialing Systems without prior express consent of the called party. Threadcraft finishes by saying, with the undiscriminating and potentially financially crippling threat of TCPA litigation ever present, those exposed to such litigation should prepare themselves to properly address the issues of capacity and human intervention since these issues are shaping up to form the new battleground of the TCPA litigation.

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