McGlinchey in the News
Supreme Court decision provides clarity on TCPARead Time: 1 min
Attorneys Joe Apatov (Ft. Lauderdale) and Aaron Kouhoupt (Cleveland) were quoted in an April 7 article in Auto Finance News detailing the specifics of the Supreme Court’s decision in the Facebook v. Duguid case.
“The definition of what constitutes an auto dialer was really at the heart of everything” in litigation around TCPA violations, Joe Apatov, Member at McGlinchey, told Auto Finance News. “That cuts to whether you even need to get past that initial question [of consent] and assess whether any other elements are met for the cause of action.”
Now, with a clear definition of an ATDS, lenders should go back and “do a full autopsy” on their calling systems, Aaron Kouhoupt, Of Counsel at McGlinchey, told AFN. “Look to see if it meets the definition that the Supreme Court has now laid down, because if it does not, the TCPA doesn’t go away. There are still requirements; you have to be cognizant of what restrictions go away.
Click here to read the full article (subscription required).