Time For A Timeout in TCPA Litigation
By Michael Daly, Meredith Slawe, and Daniel Brewer
Partners Michael P. Daly and Meredith C. Slawe, and associate Daniel E. Brewer authored “Time For A Timeout In TCPA Litigation” for Law360. Despite the regulatory appeal of the FCC’s July 10, 2015 Order, which is set for argument on October 19, plaintiffs’ lawyers seem intent on pushing cases forward before any ruling from the United States Court of Appeals for the D.C. Circuit.
The article argues, however, that in light of the pending hearing, courts should stay these cases since the ruling will address issues key to TCPA litigation, including the definition of an automatic telephone dialing system, the identity of the “called party” from which consent must be obtained, and the means by which that consent can be revoked.
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