Don’t hate me but I actually really like when the time changes.
I feel weird waking up at 4 am. Now I wake up at 5 am like a normal person. 🙂
And when I woke up this morning I was so happy to see this beautiful map had been finalized by the team here at Troutman Amin, LLP and so I get to share it with all of you!
Isn’t it beautiful?
The map depicts the current case law around whether SMS messages are subject to the TCPA’s DNC rules or not. Big split of authority that is only going to get splitier.
This is NOT a compliance guide and should be used to help litigators– this was they don’t miss arguments like Res360’s counsel just did. Eesh.
We will keep this updated as time goes on.
You will notice the Ninth Circuit is sort of in red. The reason is that the Ninth Circuit has held SMS messages ARE calls for purposes of 227(b) but it is unclear whether that applies to 227(c) DNC claims– we are testing that theory. Will let you know soon.
Enjoy the totally free map and feel free to reach out and tell us you love us!
Better yet, get yourself a ticket to Law Conference of Champions in May! Brilliant Blake Landis will be breaking down EVERYTHING you need to know about SMS messaging and the TCPA. From the split of authority to revocation claims and lingering ATDS issues.
If you’re sending SMS messages you HAVE to attend LCOC this year!
Will be wonderful.
Chat soon!