by John D. Huh and Simeon Poles

Over the past year, the Telephone Consumer Protection Act (TCPA)
landscape has undergone a series of significant shifts. TCPA
defendants received a boost last year when the Supreme Court of the
United States narrowed a key statutory definition in Facebook
v. Duguid. Plaintiffs adjusted quickly with novel theories around the
issue of whether minors can validly consent (Hall v. Smosh Dot Com.,
Inc.) to receive automated calls and text messages under the law. Now,
a federal district court in the state of Washington has issued a
decision in Johansen v. EFinancial, LLC, No. 2:20-CV-01351-DGE, 2022
WL 168170 (W.D. Wash. Jan. 18, 2022), that highlights the importance
of the TCPA safe harbor and the need for companies to be careful when
obtaining consent through electronic means.

https://www.mondaq.com/unitedstates/telecoms-mobile-cable-communications/1155290/recent-decision-underscores-importance-of-tcpa-safe-harbor-and-obtaining-valid-consent?email_access=on


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