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What are some TCPA litigator tricks?

Unscrupulous Telephone Consumer Protection Act (TCPA) litigators and professional plaintiffs often make use of a deep bag of tricks to induce costly TCPA violations. Some of their more frequent and damaging techniques are as follows:

Dual-Purpose Phone Lines
Sometimes referred to as “mixed-use” lines. Litigators will use one phone number for both business and personal purposes, potentially entrapping marketers who believe they are making calls to a business line when, in fact, it is a personal line for TCPA purposes.

Is there a reassigned number safe harbor?

The Federal Communications Commission’s (FCC) 2015 Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order established a one-call safe harbor for reassigned phone numbers. This safe harbor applied to situations in which callers mistakenly called a phone number for which they had previously received consent but had since been reassigned to another person. Because consent is tied to the called party and not the phone number, the phone call in this situation would be considered a violation.