Senior Associates David Carpenter and Kelley Barnaby of Alston and Bird’s Litigation and Trial Practice group, have co-authored the Law360 article, “Defense Perspective on Major TCPA Developments in 2013.” In the article, Carpenter and Barnaby identify the major developments in the legal landscape for the Telephone Consumer Protection Act (“TCPA”) address the potential impacts of those developments for parties defending against these claims. The article discusses notable issues from 2013, including the FCC’s changes to the “consent” regulations, developments in the case law regarding revocation of consent and defining an automatic telephone dialing system, success stories for compelling arbitration, trends in class action settlements, and the state of insurance coverage for TCPA claims. For further information about the Telephone Consumer Protection Act, please see our previous blog posts entitled Prior Express Written Consent Now Required for Sending Marketing Messages via Robocall or Text Message; Questions Remain Regarding Pre-Existing Databases and Purely Informational Messages, 8-6-7-5-3-0-Class Action: Florida Court Certifies TCPA Class, and Consent Issues Doom Privacy Class.
Written by Kelley Barnaby, Senior Associate and David Carpenter, Senior Associate, Litigation & Trial Practice | Alston & Bird LLP