Tag Archives: Telephone Consumer Protection Act

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

The FCC Clarifies Prior Express Consent Under the TCPA for Calls to Utility Company Customers

The Telephone Consumer Protection Act (“TCPA”) applies in many circumstances when companies use an automatic telephone dialing system (or “autodialer”) and/or pre-recorded messages to call consumers. In those situations where the TCPA does apply, the company cannot make the call unless it is an “emergency,” or unless the company has the prior express consent of … 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

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

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

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

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

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

Privacy and Insurance: Coverage for Violations of Telephone Consumer Protection Act

This post was written by Timothy P. Law. This week, Wisconsin became the latest state to join the majority of courts nationwide finding broad general liability insurance coverage for claims alleging violations of the Telephone Consumer Protection Act, ruling that such claims allege publication of material that violates a person’s right of privacy. Please click … 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
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