New York Law Journal Publishes Akin Gump Analysis of D.C. Circuit TCPA Decision
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New York Law Journal has published “TCPA Shakeup: Analysis of the D.C. Circuit’s Long-Awaited Decision in ‘ACA International’,” an article written by Akin Gump litigation partners Robert Pees and Neal Marder, counsel Garrett Llewellyn and associate Jenna Nalchajian.
The article provides an overview of the Telephone Consumer Protection Act (TCPA), which was enacted in 1991 “to address consumers’ concerns with receiving undesired telemarketing calls.” It notes that the TCPA “generally bans the use of automated dialing equipment to call wireless telephone numbers without having the recipient’s prior consent.”
The authors analyze the unanimous March decision by the U.S. Court of Appeals for the D.C. Circuit in ACA International v. Federal Communications Commission, which they say “will have a wide-ranging impact on TCPA consumer class actions and will create uncertainty in this sphere until the FCC provides further guidance.”
Pees, Marder, Llewellyn and Nalchajian conclude by suggesting that companies engaged in telephonic advertising “carefully review their advertising programs to ensure compliance with the decision.” This includes “auditing the technology used to contact consumers; establishing a convenient and reliable opt-out method; and auditing their call list to identify and remove reassigned numbers.
To read the full article, please click here.
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