Focus Turns to Congress as Justices Narrow TCPA Liability

Carlton Fields telecommunications attorney Aaron Weiss was quoted in a Law360 article, “Focus Turns to Congress as Justices Narrow TCPA Liability,” discussing the Supreme Court’s controversial decision to cover only random-fired calls and texts to cellphones under the Telephone Consumer Protection Act (TCPA).

Weiss noted he has heard from colleagues on the plaintiffs side "that they will take up the question" left unresolved by the high court's ruling "of whether the random or sequential numbers generating function has to be used for the calls at issue — or is just the inchoate capacity sufficient."

"If this decision becomes the impetus for Congress amending the TCPA [in a way that would cancel out the latest ruling], the famous words of Obi-Wan Kenobi could come true: 'If you strike me down, I shall become more powerful than you can possibly imagine,'" said Weiss.

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