Law360, New York ( January 1, 2014, 3:16 PM EST) -- The year 2013 brought a firestorm of class action litigation under the Telephone Consumer Protection Act. The statute was originally enacted to restrict telemarketers' use of machines that automatically dialed random or sequential numbers, and this purpose is reflected in the statute's text, which restricts a specific type of device, namely one that has the "capacity" to "store or produce numbers to be called, using a random or sequential number generator." Yet due largely to confusing and ambiguous FCC rulings, the TCPA has morphed into a ban on the use of virtually all modern dialing and texting technology by businesses — unless they can prove express consent by each consumer they contact....
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