Text Message Content Covered by the TCPA

So earlier in the week I covered a couple of rare but dangerous theories that the Plaintiffs bar is currently pursuing.

Arguably the scariest “alternative” TCPA theory of all, however, are the “content” based theories that look at whether a caller is properly disclosing their identity in communications with consumers.

These requirements are scary because many times a consumer is fully aware who is contacting them–especially during interactive text campaigns–which makes constantly reminding them of the sender of the message silly and annoying. And it really disrupts the flow of human engagement style texting.

Nonetheless, the Plaintiff’s bar has been hammering the theory that each and every text is a separate call that requires full disclosure of the sender of the text. And they appear to have drawn their first blood out in Utah earlier this month.

Setting the stage here, there are two provisions of the CFR that

Article source: https://www.natlawreview.com/article/sued-what-you-don-t-say-new-text-message-content-tcpa-theory-gaining-steam-and-its