John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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FCC Clarifies TCPA Consent Standard for Collection Calls to Cell Phones

The Federal Communications Commission (FCC) recently clarified its view on when someone has provided “prior express consent” to receive prerecorded or autodialed collection calls to his or her cell phone as required by the...more

7/16/2014 - Cell Phones FCC Prior Express Consent Robocalling TCPA

Eleventh Circuit Issues Significant Ruling on TCPA Consent for Collection Calls to Cell Phones

The U.S. Court of Appeals for the Eleventh Circuit has ruled that a debtor may not provide the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed collection calls to be made...more

4/8/2014 - Cell Phones Consent Prior Express Consent Robocalling TCPA

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

3/18/2014 - Consent TCPA Texting

Voluntarily Providing Cell Phone Number Gives Text Message Consent under TCPA, California and Florida Federal Courts Rule

A consumer who voluntarily provides a cell phone number in the course of a transaction has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages from the entity to which the...more

2/28/2014 - Consent Mobile Devices TCPA Texting

TCPA Autodialer Limits Apply Only to Phone Systems with ‘Present Capacity,’ Alabama Federal Court Rules

An Alabama federal court recently ruled that the limits imposed by the Telephone Consumer Protection Act (TCPA) on the use of autodialers applied only to phone systems that had the “present capacity” to make autodialed calls...more

10/7/2013 - Robocalling Spam TCPA Telemarketing

FTC Settles First Case Challenging Debt Collector’s Use of Text Messages

The Federal Trade Commission recently announced that it had settled a case representing its first action challenging a debt collector’s use of text messages. In its complaint, the FTC alleged that the defendant debt...more

10/4/2013 - Debt Collection FDCPA FTC TCPA Texting

Consumer Can Revoke Consent to Autodialed or Prerecorded Cell Phone Calls

The Telephone Consumer Protection Act (TCPA) permits a consumer to revoke consent given for autodialed or prerecorded calls to the consumer's cellular telephone number and does not limit the timing of revocation, the U.S....more

8/23/2013 - Cell Phones Consent FCC Robocalling TCPA

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

8/21/2013 - Established Business Relationship FCC Robocalling TCPA Telemarketing Written Consent

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

5/14/2013 - Cell Phones Damages FTC Penalties TCPA Telecommunications Vicarious Liability

Fourth Circuit Rejects FDCPA Challenge to Prerecorded Calls Seeking Location Information

The U.S. Court of Appeals for the Fourth Circuit recently affirmed, in an unpublished opinion, a district court's entry of summary judgment in favor of a debt collector that was sued by the debtor’s brother-in-law over the...more

11/21/2012 - CFPB FDCPA TCPA

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