Tag Archives: Telephone Consumer Protection Act (TCPA)

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

Is your company covered?

We are taking a closer look into insurance coverage for statutory damages under the Fair Credit Reporting Act and Telephone Consumer Protection Act. Our Insurance Recovery Group authored a featured article in FC&S Legal’s Insurance Coverage Law Report, which highlights guidelines that will come into play when your company is being named as a defendant … 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

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

Mandatory Arbitration: the next big thing in TCPA litigation?

This post was also written by 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. Smith claimed that … 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

FTC Announces $50,000 Prize for Technical Solution Enabling Consumers To Block Robocalls

This post was also written by Amy S. Mushahwar. In last week’s all-day Robocall Summit at the Federal Trade Commission (“FTC”), representatives of the FTC and the Federal Communications Commission (“FCC”), and the Indiana Attorney General, repeatedly referenced their frustration in the face of a constantly multiplying number of consumer complaints regarding unwanted robocalls and their inability, … 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