The NCLC has received millions of dollars from the Plaintiff’s bar as a result of TCPA settlements and verdicts.
Nonetheless, it shamelessly advocates to the FCC and Congress–claiming to be speaking on behalf of “low income clients”–for changes that make TCPA litigation easier and more lucrative for their Plaintiff’s bar pals.
The NCLC just landed a major win with the FCC yielding to their request to require one-to-one consent in the context of express written consent, but there is an even bigger battle yet to be waged. And the result will be either a massive loophole sitting in the center of the FCC’s new ruling, or one of the most financially-impactful traps in legal history.
It all comes down to an obscure phrase “prior express invitation or permission”–a provision widely overlooked in the Code of Federal Regulations (CFR) for many years. And if the phrase is interpreted the way the NCLC is now urging it might mean that hundreds of millions of seemingly legal marketing calls placed each month are actually illegal under the TCPA. This might mean trillions in aggregate litigation exposure is now facing some of America’s most beloved brands.
To date the Courts have interpreted the phrase to be co-extensive with the better known phrase “prior express written consent” but that all changed…
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