TCPA: Richmond attorneys examine automated dialers and their risks
Financial Services Litigation co-practice group leader and Richmond partner David Anthony and Richmond associate Virginia Bell Flynn’s article “ Case Study: Soppet v. Enhanced Recovery” was published May 31 on Law360’s Web site.
The article is a look at the Seventh Circuit’s May 11 opinion illustrating the risks of using an automated dialer to place calls to a stale cellular telephone number.
In the “Nuts and Bolts” section of the article, Anthony and Bell state that “consent – in various iterations – continues to be a crucial issue with most Telephone Consumer Protection Act (TCPA) claims” and that the Seventh Circuit’s decision in Soppet takes a look at whether consent is transferable.
“This decision is of substantial significance to businesses subject to the TCPA, most especially to businesses that use predictive dialers or other automated-call systems to contact consumers,” they state. “Companies should consider steps to update their records when telephone numbers have been reassigned to new subscribers.”