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TCPA Class Action Update

By this time next year, the TCPA landscape may look very different. A uniform Automated Telephone Dialing System (“ATDS”) definition, binding FCC guidance, a Congressional amendment to the TCPA; these are all possibilities, and at least one is likely to stick. With all these permutations in play, litigants should consider seeking a stay pending definitive guidance.

Most recently, on February 4, 2019, the Stopping Bad Robocalls Act (“SBRA” HR 946) was reintroduced in the House of Representatives. Among its proposals, the SBRA would amend the TCPA by replacing the phrase to “use an Automatic Telephone Dialing System” with “to make robocalls.”


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