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TCPA Risks for Political Campaigns

Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true. However, because political calls are not regulated in the same way as marketing calls it is important to understand the distinct character of TCPA regulations for political campaigns. This article outlines the regulations and requirements that govern this unique form of telephone solicitation.

Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS

In the latest decision in the ongoing Telephone Consumer Protection Act (TCPA) class action against President Trump’s re-election campaign, the Eighth District Court of Appeals adopted the expansive definition of what constitutes an Automatic Telephone Dialing System (ATDS) previously set forth in the Ninth Circuit’s infamous, landmark decision in Marks v. Crunch San Diego, LLC.

Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent

An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds.