The Federal Communications Commission (FCC or Commission) finalized its proposed $120 million fine against a “neighborhood spoofer” the agency said made more than 96 million calls to sell timeshares and other vacation...more
The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class...more
In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone...more
Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed...more
As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s...more
Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA...more
As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of...more
Edible Arrangements did not run afoul of the Telephone Consumer Protection Act (TCPA) by making it unreasonably hard for text recipients to revoke their consent, a New Jersey federal court has ruled....more
Executive Summary -
The old adage “good things come to those to wait” showed itself to be true when on Friday, March 16, 2017, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA...more
Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action....more
The U.S. Court of Appeals for the Second Circuit ruled that the Healthcare Exception to the TCPA applied to a case involving a healthcare provider that sent a text message with a flu shot reminder to a patient who provided...more
A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone...more
Taking a stand on the revocation of consent, a New Jersey federal court judge rejected a plaintiff’s argument that she had reasonably conveyed her desire to be removed from a text message marketing list....more
In a report and order, the Federal Communications Commission (FCC) approved new rules that will allow phone companies to block illegal robocalls originating from certain types of numbers....more
Finding that too many questions remained about individual consent, an Illinois federal court judge denied certification of a class that allegedly received fax advertisements....more
A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear....more
Social Media, Behavior Policies Tossed by NLRB ALJ -
Why it matters -
Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more
11/7/2017
/ Administrative Law Judge (ALJ) ,
Amazon ,
Arbitration ,
Cybersecurity ,
Data Breach ,
FCC ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Reassigned Phone Numbers ,
Safe Harbors ,
Social Media ,
TCPA
Of the dozens of comments filed in response to the Federal Communications Commission’s (FCC) request on how to handle the problem of reassigned numbers, the majority appeared to support the agency’s plan to establish a...more
In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more
A Winner for the Defense -
Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v....more
Lacking List of Recipients, Sixth Circuit Denies Class Certification -
Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more
8/28/2017
/ Advertising ,
Class Action ,
Class Certification ,
Faxes ,
FCC ,
Marketing ,
Notice of Inquiry ,
Robocalling ,
TCPA ,
Text Messages ,
Unsolicited Faxes
Yet Another Blow to Spokeo Strategy in TCPA Cases -
Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more
7/26/2017
/ Advertising ,
Campbell Ewald v Gomez ,
FCC ,
Mootness ,
Robocalling ,
Rule 67 ,
Spokeo v Robins ,
Spoofing ,
Standing ,
TCPA ,
Unsolicited Faxes
Revocation? Think Again. -
On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more
Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case -
Why it matters:
Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more
2/23/2017
/ Arbitration ,
Costco ,
FCC ,
Federal Arbitration Act ,
Marketing ,
Prior Express Consent ,
Private Attorneys General Act (PAGA) ,
Product Labels ,
Retailers ,
Social Media ,
Spokeo ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Unsolicited Phone Calls ,
Wage and Hour
On January 23, 2017, President Trump appointed Commissioner Ajit Pai to serve as the next chairman of the Federal Communications Commission (FCC). While not surprising, as he was widely viewed to be the presumptive pick, his...more