The Telephone Consumer Protection Act (“TCPA”) continues to present serious risk for companies in almost every industry. Recent blockbuster verdicts have put vicarious liability back in the spotlight. And while class actions are filed daily, courts (and the FCC) have been surprisingly slow to fill the vacuum left in the wake of the D.C. Circuit’s decision in ACA International. Now, as much as ever, it is critical that businesses understand and review their practices with respect to text messages, auto-dialers, pre-recorded messages, and fax machines.