This article is Part 2 of a two-part series covering the current state of The Telephone Consumer Protection Act (TCPA). Part 1 published in Legaltech News in June.
The content of calls or texts must be reasonably related to the purpose for which the consumer provided consent. Businesses making the calls or sending the texts have the burden of proving not only that consent was obtained—an analysis that is often fact-specific and relies on exemplary record keeping—but also that the scope of consent covers the communications.
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