Tag Archives: TCPA

Second Circuit Provides Businesses with a Powerful Defense to TCPA Revocation Claims

In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or prerecorded cell phone calls if they previously consented to receive those calls as part of a binding contract. See Reyes v. Lincoln … Continue Reading

Recent Open Meeting Foreshadows FCC Commissioners’ Views if ACA Decision Is Remanded

As the cherry blossoms prepare to bloom in Washington, D.C., our thoughts turn toward wondering when the D.C. Circuit will hand down its ruling in ACA International, et al v. FCC (Case No. 15-1211). This case, you will recall, is the consolidation of a number of appeals challenging the July 10, 2015, Order in which … Continue Reading

A Gentle Reminder from the FCC: Autodialed Text Messages Fall Under TCPA Restrictions

Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA).  Though it is unclear what prompted this specific advisory (perhaps, the upcoming holiday season), the Enforcement Bureau issued the warning in order to promote understanding … Continue Reading

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”). This alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent … Continue Reading

Federal Government and Its Contractors Exempt from the TCPA, FCC Rules

TCPA class actions continue to plague companies around the country, but a recent FCC ruling means that one big caller doesn’t have to worry: the federal government, as well as its contractors. On July 5, the Federal Communications Commission (FCC) issued a declaratory ruling that broadly exempted the federal government and its contractors from the … Continue Reading

Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy Invasion

In an instructive opinion on how intangible harms can cause injuries sufficient to confer standing on plaintiffs—and a rare example of the U.S. Supreme Court’s latest ruling on standing aiding plaintiffs—a West Virginia federal court ruled June 30 that computer-dialed telemarketing calls caused concrete, particularized privacy invasions such that plaintiff’s Telephone Consumer Protection Act (“TCPA”) … Continue Reading

Update on Initiation of FCC Rulemaking to Implement the New TCPA Exemption for the Collection of Government Debt

Some of you may remember that back in early November 2015, I wrote about a then little-noticed provision slipped into the Bipartisan Budget Act of 2015. That provision, designed to find more revenues to offset government spending (and thus help to reduce the federal deficit), created an exemption from the Telephone Consumer Protection Act (TCPA) … Continue Reading

What Was Buried In The Budget Bill

Anyone paying attention to goings-on in Washington last month might have heard a loud, bipartisan sigh of relief when both the House and the Senate passed a budget deal that temporarily averted another government shutdown or even a near-term showdown, and could possibly clear the way for a little less gridlock — at least until … Continue Reading

The House and Senate passed a new budget deal potentially affecting the TCPA

Automated dialing systems are back – temporarily – like never before. The new Budget Act provision makes “robocalls” to mobile phones a nonissue when used to collect money owed to the United States government. Following this release, Sen. Ed Markey spoke out and is reportedly preparing a “Hang Up Act” aimed at repealing this robocall … Continue Reading

Clarification on the TCPA’s Exemption for Health Care-Related Calls

The Declaratory Ruling and Order issued by the Federal Communications Commission (“FCC”) July 10, 2015,  clarified several sections of the Telephone Consumer Protection Act (“TCPA”), including addressing a petition filed by the American Association of Healthcare Administrative Management regarding “free, pro-consumer… healthcare-related messages,” and under what circumstances such messages are exempt from the TCPA’s requirement … Continue Reading

What Do You Get for the Plaintiff Who Has Everything? Maybe a Class Action, Ruled The Seventh Circuit

Perturbed by two allegedly unwanted faxes, Arnold Chapman brought a putative class action under the Telephone Consumer Protection Act (“TCPA”). For himself, he sought the most the statute could provide – $3,000, an injunction, and costs. ($3,000 represents $500 in statutory damages for each of the two faxes, trebled for an allegedly knowing or wilful … Continue Reading

Appealing News Regarding the TCPA

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 … Continue Reading

TCPA Litigation and Compliance Will Be Affected by the FCC’s TCPA Omnibus Declaratory Ruling

In its July 10, 2015 TCPA Omnibus Declaratory Ruling and Order, the Federal Communications Commission unfairly lumps legitimate businesses in with the telemarketing abusers that the Telephone Consumer Protection Act (TCPA) was intended to deter. Highlights within the ruling include: An Expansive Definition of “Automatic Telephone Dialing System” or “Autodialer” Liability for Calling Reassigned/Wrong Wireless … Continue Reading

FCC Finally Acts to Clarify Ambiguities in the TCPA

Yesterday, the Federal Communications Commission (FCC) once again demonstrated to businesses the wisdom of that old adage, “be careful what you ask for.” The Telephone Consumer Protection Act (TCPA) protects consumers from unwanted telephone calls and text messages and has created a cottage industry for the plaintiffs’ bar bringing a tsunami of individual and class … Continue Reading

FCC’S Notice of Opportunity To Comment on Robocalls and Call-Blocking Issues Raised by 39 Attorneys General

On November 24, the FCC released a wide-ranging public notice seeking comment on a September 9, 2014, letter from the National Association of Attorneys General (NAAG), purportedly written “on behalf of the millions of Americans regularly receiving unwanted and harassing telemarketing calls.” The letter, signed by a bipartisan group of 39 AGs led by Chris … Continue Reading

FCC Confirms that Even Solicited Fax Ads Must Contain Opt-Out Language, and Sets Six-Month Deadline for Companies to Seek a Retroactive Waiver

On October 30, 2014, the FCC issued a much-anticipated ruling (“FCC Order”) resolving several petitions seeking clarification of the opt-out notice requirement regarding advertisements faxed to consumers, contained in the Telephone Consumer Protection Act, section 227 of the Communications Act (“TCPA”). The FCC ruled that all such faxes, even those sent with the recipient’s prior … Continue Reading

Applying a Plain Meaning Interpretation to ‘Automatic Telephone Dialing System,’ the Southern District of California Dismisses TCPA Class Action Lawsuit

This post was written by Raymond Y. Kim and Jack J. Gindi. On October 23, 2014, the U.S. District Court for the Southern District of California further clarified the federal Telephone Consumer Protection Act’s (“TCPA”) definition of “automatic telephone dialing system” (“ATDS”) and granted summary judgment for the defendant on the grounds that it did not … Continue Reading

TCPA: The Muddled Madness Continues!

Tuesday evening, the Federal Communication Bar Association held a seminar in Washington designed to help practitioners make some sense of the ever-expanding number of class actions that have been brought under the Telephone Consumer Protection Act (“TCPA”) by often over-zealous plaintiffs’ attorneys; the inconsistent decisions that have been rendered by the courts; and the scores … Continue Reading

TCPA Plaintiffs Secure Victories in Recent Rulings on Class Certification and Prior Express Consent

This post was written by Albert E. Hartmann and Henry Pietrkowski. In separate cases, one Illinois federal judge issued several rulings favorable to Telephone Consumer Protection Act (TCPA) plaintiffs on key issues.  One ruling certified classes of almost 1 million consumers who received automated phone calls, even though the defendants’ records alone were not sufficient … Continue Reading

To Those Calling Consumers for Marketing Purposes: LISTEN UP!!

The Federal Communications Commission (FCC) yesterday announced the largest Do-Not-Call settlement it has ever reached.  Under that settlement, a major telecommunications company will pay $7.5 million for the mobile wireless company’s alleged failure to honor consumer requests to opt out of phone and text marketing communications.  In addition, the company has agreed to take a … Continue Reading

FCC Creates Formal Opportunity To Be Heard on Two Aspects of Its Revised TCPA Rules Requiring Prior Express Written Consent

This post was written by Judith L. Harris. On Friday, the Federal Communications Commission (FCC) released Public Notices seeking comment on two recently filed requests for guidance on different aspects of its February 2012 Report and Order creating enhanced compliance obligations under its Telephone Consumer Protection Act (TCPA) rules. Both requests relate to that aspect … Continue Reading

What Constitutes an Autodialer? The Debate Continues

This post was written by Judith L. Harris and 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 … Continue Reading

Imminent Effective Date of FCC’s Prior Express Written Consent Rule Under the TCPA

This post was written by Judith L. Harris and Jack Gindi. As we have reported in the past, the FCC, in a February 2012 Order, revised its TCPA rules to, among other things, “require prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers and residential lines.” In the Matter of … Continue Reading

What a Difference a Year Makes; or Does It?

This post was written by Judith L. Harris. 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 … Continue Reading
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