In recent years, there has been a heightened focus on the Telephone Consumer Protection Act and a boom in TCPA litigation. The formula for recovery may seem simple and with no statutory cap, class action damages under the TCPA can add up quickly.

Since Congress first passed the TCPA in 1991, the statutory definition of an “automatic telephone dialing system” has remained the same. An upcoming decision by the Federal Communications Commission may finally alter the definition which could now incorporate the various electronic devices used by the public.

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