TCPA Litigation: Key Issues and Considerations

by Alysa Z. Hutnik, Lauri A. Mazzuchetti, Glenn T. Graham, and Jennifer R. Wainwright, Kelley Drye & Warren LLP, with Practical Law Litigation

A Practice Note examining the key issues and considerations for litigation under the Telephone Consumer Protection Act of 1991 (TCPA). This Note explores the scope of the TCPA, including its restrictions on calls and text messages made using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice, unsolicited fax advertisements, and calls to numbers on the National Do-Not-Call Registry (NDNCR). It discusses the evolving definition of an ATDS and analyzes the standards for obtaining prior express consent. Furthermore, this Note addresses crucial aspects of TCPA class actions, such as Article III standing requirements, class certification challenges, and the impact of offers of judgment. It also delves into the complexities of revoking consent, the issue of reassigned telephone numbers, and the potential for vicarious liability for communications made by third parties.