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Litigation over Telephone Consumer Protection Act (TCPA) violations continues to rise, fueled in part by an increase in companies using software-driven text message and mobile app communications to reach consumers. Companies in nearly every consumer-facing industry, from health care to retail to entertainment, are defending against nationwide class action claims seeking millions of dollars in alleged damages arising out of mobile marketing and customer service practices. Businesses are ensnared by a confusing regulatory landscape, rapidly evolving communication technology and social media, and often-conflicting case law, depending on the jurisdiction, court and even judge presiding over the matter.

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