Law360 Publishes Akin Gump Analysis of 2nd Circuit TCPA Ruling
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Akin Gump litigation partners Michael Stortz and James Tysse, senior counsel Daniel Brewer and associate Marie Bussey-Garza have written the article “2nd Circ. Ruling Widens TCPA Autodialer Circuit Split,” which was published by Law360. The article, which originated as an Akin Gump client alert, examines a ruling by the U.S. Court of Appeals for the 2nd Circuit that, the authors say, “incentivized more [Telephone Consumer Protection Act] filings in the New York, Connecticut and Vermont district courts.”
The authors write that, as a result of the ruling in Duran v. La Boom Disco Inc., there is a further spit between the Circuit courts with respect to the definition of an automatic telephone dialing system (ATDS). Until either the Supreme Court or the FCC weighs in and resolves the ATDS issue, they say, “businesses seeking to lawfully place calls and send text messages to consumers may face a heightened risk of TCPA exposure in the Ninth and (now) Second Circuits.”
To read the article in its entirety, please click here.
