by David O. Klein
Those operating in the telemarketing space likely know of Craig Cunningham, a prolific filer of Telephone Consumer Protection Act ("TCPA") lawsuits. The sheer number of Cunningham TCPA cases brought in recent years has inevitably led to decisions that make law, some good and some bad insofar as the industry is concerned. Recently, he prevailed in a decision issued by the United States District Court for the Eastern District of Texas that may make it more difficult for marketers to defend TCPA suits in that jurisdiction.
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