Tag Archives: TCPA

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

Mandatory Arbitration: the next big thing in TCPA litigation?

This post was written by Judith L. Harris and Rob Jackson. In a recent case, Smith v. Citibank, N.A., Craig Smith, the borrower, filed a class action against Citibank in state court in California alleging violations of the Telephone Consumer Protection Act (“TCPA”) and the state law regulating debt collection practices. In his complaint, Mr. … Continue Reading

Florida Court Releases Contrarian TCPA Decision

This post was written by Judith L. Harris and Rob Jackson. The U.S. District Court for the Southern District of Florida recently released a decision in a TCPA suit brought by a man seeking damages in connection with a series of autodialed telephone calls made to his mobile phone. In his decision on cross motions … Continue Reading

DING-A-LING-A-LING: The FCC Enforcement Bureau Calling!

While telemarketers, debt collectors and others wait for the Federal Communications Commission (FCC) to answer technical questions such as “EXACTLY what is an autodialer,” the FCC has just made clear that the agency, at least, knows one when it sees one! In companion orders released on Friday (3/15/13), the FCC issued citations to two robocallers … Continue Reading

Effective Dates for Previously Published Amendments to the FCC’s TCPA Regulations Have Recently Been Announced

This post was written by Amy S. Mushahwar. PLEASE NOTE that the amendments to the Federal Communications Commission’s (FCC) regulations implementing the Telephone Consumer Protection Act (TCPA) published by the FCC June 11, 2012, and relating, most significantly, to the necessity of obtaining written consent before placing some autodialed calls or sending some prerecorded messages, … Continue Reading

Ninth Circuit Uses Potentially Dangerous Language Regarding What Constitutes Prior Express Consent Under the TCPA

This post was also written by Amy S. Mushahwar. Appellant, joined by a number of amicae including the American Bankers Association, is seeking rehearing or rehearing en banc in connection with a recent decision by the Ninth Circuit that should be of grave concern to any entity that uses auto-dialers in its contacts with consumers. … Continue Reading

The FCC May Be Preparing To Release Guidance on the Definition of an Autodialer and on Other TCPA Related Issues

This post was written by Amy S. Mushahwar. Over the course of the past couple weeks, the Federal Communications Commission released a flurry of Public Notices, putting out for comment seven pending Requests for Declaratory Rulings, most relating to the use of auto-dialing technologies, and all relating to application of the Telephone Consumer Protection Act … Continue Reading

New Do-Not-Call Public Safety Registry Creates Additional Obligations for Auto-Dial Operators

This post was also written by Amy S. Mushahwar. In its Open Meeting today, the Federal Communications Commission (“FCC”) placed new obligations on entities that use auto-dialers. “Robocalls” to public safety phone lines, absent an emergency purpose or prior express consent, have long been prohibited under the 1991 Telephone Consumer Protection Act (“TCPA”). However, Congress has continued … Continue Reading

FCC Approves Order to Tighten Regulatory Treatment of Robocalls Under the Telephone Consumer Protection Act

This post was written by Amy S. Mushahwar. The Federal Communications Commission (FCC) acted today to tighten its rules under the Telephone Consumer Protection Act (TCPA) and conform them, to the extent possible, with the more stringent rules already in place at the Federal Trade Commission (FTC) under the Telephone Sales Rule (TSR). This change will … Continue Reading