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When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not make the calls at issue or is immune from liability as a common carrier.
These and other defenses were recently raised by several voice service providers in a putative TCPA class action pending in the U.S. District Court for the District of West Virginia, but were rejected when the court denied the carriers motion to dismiss. The court s decision provides a critical lesson and warning for voice service providers and emphasizes the need to step up illegal robocall mitigation efforts.