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
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
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
By Mark S. Melodia, Paul Bond and Christine Nielsen Czuprynski on Posted in In the Courts
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
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
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
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
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
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
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
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
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
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
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
