As a law, the TCPA is allergic to certainty. That’s been true for as long as I’ve testified and advised in these cases. 

For a decade I’ve advised defendants, endured depositions, and churned out hundreds of pages of expert opinions. Yet every TCPA case still manages to surprise me.

First, it was whether the TCPA even applies to platforms. Then came the autodialer days, when either everything was a dialer or nothing was a dialer. Duguid v. Facebook should have put that to rest, but it didn’t. Today consent drives most cases: what it means, how you obtain it, and under what circumstances revocation applies…

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