Bryan Cave Combines with Berwin Leighton Paisner to Form Bryan Cave Leighton Paisner LLP Learn More

DC Partner David Zetoony authored an article on the real risks associated with Telephone Consumer Protection Act (TCPA) class actions in the Sept. 27 issue of Law360. Text message marketing campaigns may inadvertently lead to class actions involving the TCPA. In light of this, general counsel and privacy officers have worked to confirm whether their company’s marketing campaigns are TCPA-compliant or subject to a class action lawsuit. “Although almost all of the media attention has focused on the application of the TCPA to text message marketing, there were almost just as many complaints relating to text messages as unsolicited faxes or unsolicited calls to mobile telephones,” Zetoony wrote. “Even more surprising, text message-related TCPA class actions went on the decline in the second quarter of the year, whereas cases involving faxes were on the rise. The takeaway? It is important to remember that the TCPA governs old telephone technologies just as much as it governs newer telephone technologies.”