On Friday, July 24, the United States Judicial Panel on Multidistrict Litigation issued an Order consolidating in the D.C. Circuit Court of Appeals three timely petitions for review of a July 10, 2015 Declaratory Ruling and Order of the Federal Communications Commission (FCC). That Order resolved 21 petitions for declaratory ruling, proposed rulemaking and clarification
automatic telephone dialing system
What Constitutes an Autodialer? The Debate Continues
By Judith L. Harris on
This post was also written by Jack Gindi.
A recent state court decision in California, and before it, a district court decision in Alabama, both found that equipment used to facilitate telephone communications must have the current capacity to randomly or sequentially generate telephone numbers in order to be considered an “automatic telephone dialing system.”…
What a Difference a Year Makes; or Does It?
By Judith L. Harris on
Almost a year ago, we posted a client alert saying that it looked like the FCC might be getting ready to issue some guidance on what constitutes an automatic telephone dialing system (“auto- dialer”) under the TCPA. We were wrong; confusion has continued to reign; compliance has continued to be difficult; and plaintiff class action…
Is Your Electronic Device an Automatic Telephone Dialing System?
By Paul Bond & Henry Pietrkowski on
In recent years, there has been a heightened focus on the Telephone Consumer Protection Act and a boom in TCPA litigation. The formula for recovery may seem simple and with no statutory cap, class action damages under the TCPA can add up quickly.
Since Congress first passed the TCPA in 1991, the statutory definition of…