At first glance, the breadth of the lead opinion, in characterizing TCPA
claims and construing the Privacy Exclusion, appears to favor insurers and make it more difficult for policyholders to get coverage for TCPA
claims under their D&O policies.
He consented to the receipt of the text messages and is merely alleging a "bare procedural" violation of the TCPA
While calling cellphones using an automated system without consent may seem like trivial conduct, the prevalence of multimillion-dollar judgments and settlements confirms the potentially severe consequences of violating the TCPA
The issue of defendants' unwillingness to bear the risk, even if it is only a small possibility, of an adverse judgment in the face of enormous damage exposure is not unique to the TCPA
Faced with such staggering liability, businesses are often eager to settle TCPA
class actions in the early stages, even at great cost.
There are defenses under the TCPA
and FCC regulations to prerecorded voice calls or automated telephone calls or texts.
To comply with the TCPA
, such calls continue to require either written or oral consent if made to wireless consumers, but no prior consent if made to residential consumers.
The best approach to reduce the risk of litigation and fines resulting from TCPA
violations is to gain a thorough understanding of the TCPA
's requirements and to develop and issue written policies and procedures to ensure that all business operations and practices are fully compliant.
Therefore, because the calls encouraged customers to "engage in future commercial transactions" with the company, they violated the TCPA
president Professor Sir Peter Hall said: "We see the need to improve the outcomes from town and country planning.
CEO Gideon Amos: "With our roots as the Garden City Association of 1899 the TCPA
has been a reformist movement for over a hundred years.
Any statute, ordinance or regulation, other than the TCPA
or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information.