Telephone Consumer Protection Act

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) is a federal statute that was enacted to address concerns relating to telemarketing/solicitation practices. During the past several years, however, the Act has been applied to render multi-million dollar verdicts and settlements against both big and small companies across the country. Judicial interpretation of the Act has also steadily increased and undergone significant change. For example, until recently, many Circuit Courts of Appeal believed that the TCPA did not create federal question subject matter jurisdiction. It took the United States Supreme Court to resolve the split of authority, holding that it does. In 2010, the attorneys at Burr & Forman launched the TCPA Addendum, a monthly publication summarizing state and federal court cases dealing with the TCPA. While the Addendum had a strong following, it became clear that a s judicial interpretation and regulatory guidance relating to the Act continue to evolve and cases are released on an almost daily basis, a more timely method of sharing information about the TCPA was needed. As such, the attorneys of Burr & Forman's TCPA ADDENDUM Blog decided to launch a blog to address this ever-changing area of the law. The initial posts on this blog deal with general background information relating to the TCPA, Subsequent posts will provide summaries of recent cases, regulations and other topics affecting TCPA litigation. Additionally, blog posts are arranged by state and category for eases of reference on the right-hand side of this page. The blog is an online, educational resource for information, cases and insights regarding the TCPA, and intended to only be used for those purposes.