Rough Waters Ahead for Defendants Under TCPA, Law360
On June 24, 2014, Law360 published Matthew Rosenkoff’s article, “Rough Waters Ahead for Defendants Under TCPA,” discussing the consequences for businesses that are subject to the Telephone Consumer Protection Act (TCPA) resulting from the Eleventh Circuit’s recent opinion in Osorio v. State Farm Bank FSB. Rosenkoff suggests that this case could embolden TCPA plaintiffs and create significant concern for debt collectors and/or any other company that makes solicitations that are covered by the TCPA, and create a logistical nightmare for debt collectors. He advises companies who perform activities that fall within the TCPA should take steps to shore up compliance, update training procedures, and instruct employees on how to notate accounts where a consumer does revoke consent. Law360 subscribers can view the full article online here.