Here we go again.

Following McKesson one of the single most important open issues under the TCPA is the identity of the “called party” for purposes of the TCPA’s express consent rules.

If the “called party” is the subscriber or answerer of a call then callers are strictly liable for all wrong number calls and for any call answered by somebody other than the customer the caller is trying to reach.

If, on the other hand, the “called party” is the intended recipient– i.e. that the caller needs only permission of the person it is trying to call in good faith–then it has a ready defense even in the event of a wrong number call.

There is good reason to think “intended recipient” is the right approach. Most basically, Congress intended to provide a caller with a ready defense when they had

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