Rand L. McClellan

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Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing Subsequent Calls From Violating the TCPA

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in Telephone Consumer Protection Act
A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio). A copy of the opinion is attached; the defendants in this matter are represented by … Continue Reading

The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in Telephone Consumer Protection Act
What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as “equipment that has the capacity” to “store or produce telephone numbers to be called, using a random or sequential number generator,” and “to dial … Continue Reading
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