The U.S. District Court of the Western District of New York recently dismissed a Telephone Consumer Protection Act class action against a staffing firm, finding that recruitment and employment opportunity text messages are not advertisements or telemarketing regulated by the TCPA. The plaintiff originally filed suit after the staffing firm sent numerous text messages to her cellphone informing her of potential job opportunities. She argued the text messages were sent by the staffing firm without her consent and despite her requests for the communications to stop.

The court’s ruling is particularly relevant to staffing firms that communicate with prospective candidates, regarding job opportunities, via text messages and automated text services. The decision does not absolve a caller from obtaining prior express consent to communicate employment opportunities using automated text services, but it clarifies that written consent for such messages is not necessary under the TCPA.

Compliance with the Americans With Disabilities Act may require staffing agencies to coordinate with clients and with individual employees in order to implement reasonable accommodations for employees who need them. Find out how to evaluate accommodation requests and increase access for workers with disabilities during the ASA webinar “Commemorating 30 Years of the ADA: The Importance of Reasonable Accommodation in Increasing Access and Opportunity.” It takes place this Thursday, July 23, 1–2 p.m. Eastern time.

All ASA webinars are free for ASA members, and most qualify for continuing education hours toward ASA certification renewal. To learn more and to register, visit americanstaffing.net.