Target and Toys R Us posted overall sales declines during the holidays.
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“Federal courts nationwide have been disinclined to dismiss TCPA suits at the pleadings stage thereby necessitating costly and disruptive discovery,” Almeida writes. “Although the new regulations impose an additional burden on companies, the regulations should also dispel the frequent uncertainty about whether or not a consumer provided prior express consent. Times have indeed changed, and as of Oct. 16, only written consent will suffice.”