More Proof that the TCPA is a Mess

August 30, 2019 at 9:31 am Leave a comment

Can a company be sued for violating the TCPA based on sending out a single unsolicited text message? Yesterday, the Federal Court of Appeals for the Eleventh Circuit ruled that an individual lacked standing to bring a claim against an attorney who texted an advertisement for legal work. Here is why Salcedo v. Hanna is worth noting:

  • It means that you now have a split between the Ninth Circuit, which covers the Pacific coast, and the Eleventh Circuit, which has jurisdiction over Alabama, Florida, and Georgia. This means that there is an increased likelihood that the Supreme Court will have to decide who is right and who is wrong.
  • It also underscores just what a mess the TCPA has become. It was passed in 1991 before anyone besides Al Gore really cared much about the internet, cell phones were the size of bocce balls, and there was no texting.
  • The result is that courts have been left to grapple with basic questions, including whether texting applies to the TCPA- the Supreme Court has ruled it does.

Call me whacky, but given the important role that texting is playing in commerce these days, no business should have to guess how many texts it can send out before being subjected to a multimillion dollar class action.

News Flash: Millennials like money

While reading The Wall Street Journal on my bus ride into work this morning, I came across this astounding piece of analysis: the Conference Board released a study indicating that millennials are the happiest people in the workplace today. Why? Their age demographic has seen the greatest uptick in salaries as a result of the incredibly tight labor market we have been experiencing in recent years.

According to a survey, “Satisfaction regarding wages rose a staggering 9.8 percent among those aged 35 and under. However, workers in their peak earning years—those between 33 and 54—remain most satisfied.” A millennial is anyone born between 1981 and 1996. I’m joking around a little, but the survey is actually worth taking a look at.

On that note, enjoy your long weekend. I’m back on Tuesday to mark another year of blogging. In all honesty, I really thought that it would last about six months, which is the amount of time I figured it would take me to really get someone angry at the Association. Thanks for reading.

Entry filed under: Compliance, HR, Legal Watch. Tags: , , , .

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Authored By:

Henry Meier, Esq., Senior Vice President, General Counsel, New York Credit Union Association.

The views Henry expresses are Henry’s alone and do not necessarily reflect the views of the Association. In addition, although Henry strives to give his readers useful and accurate information on a broad range of subjects, many of which involve legal disputes, his views are not a substitute for legal advise from retained counsel.

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