Text messages are treated like phone calls under the TCPA.
DataGuidance article entitled "FCC 'treading on thin ice' with TCPA Declaratory Ruling," draws directly on quote from Scott Shaffer.
Pennsylvania woman had 35 cell phones to attract calls!
Defendants on the hook for tens of millions of dollars
Prerecorded message must actually play during call to trigger TCPA liability
Eleventh Circuit allows autodialed calls to later-acquired cell phone number
“Human intervention” was key to avoiding TCPA liability
FCC clarifies a confusing TCPA provision, leaving businesses hoping for clarity on other points.
Compliance with the TCPA consent requirements remains a daunting task fraught with peril.
Court of Appeals ruling offers broad interpretation of prior express consent.
Scott Shaffer wrote an article for Bloomberg publications and was quoted in Law360 on the effects of the record-setting TCPA settlement for Capital One.
Illinois court sides with text recipient over Path.
FCC Creates Exception To TCPA’s Prior Express Consent Requirement.
In Keim v. ADF MidAtlantic, LLC, decided on July 15, 2013 in the Southern District of Florida, the defendants were allowed to moot the threat of a class action by paying the plaintiff everything he demanded on his individual claim.
As a reminder, last year the FCC revised its rules for auto-dialed calls to completely eliminate the established business relationship (EBR) exemption for calls to landline numbers. The new regulations go into effect on October 16, 2013.