Although the hunt for a workable definition of autodialer (automatic telephone dialing system, or ATDS) continues, a calling platform must be “capable of originating a call or sending a text” without human intervention in...more
The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more
7/7/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Petition for Writ of Certiorari ,
SCOTUS ,
Severability Doctrine ,
Solicitor General ,
Strict Scrutiny Standard ,
TCPA
The Federal Communications Commission (FCC) has set forth final rules pursuant to the federal Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), allowing for further civil forfeiture...more
Over the past eight years, the number of cases filed in courts across the country alleging violations of the Telephone Consumer Protection Act (TCPA) has more than quadrupled, with thousands filed each year. In 2018, another...more
Corrupt? Yes. An abuse of power? Yes. But criminal? Not quite. On May 7, 2020, the US Supreme Court unanimously overturned the convictions of two former New Jersey public officials responsible for “Bridgegate,” a scheme that...more
5/14/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud
Tender not accepted – court rejects copy-cat ADA gift card suits -
Since late last year, hundreds of class actions have been filed against retailers and restaurant groups alleging violations of Title III of the Americans...more
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) came into effect as part of an ongoing effort to combat the financial crisis arising from the COVID-19 pandemic. The CARES Act...more
The FCC announced on March 31, 2020, new rules requiring implementation of caller ID authentication, known as STIR/SHAKEN. The FCC is requiring voice service providers to implement caller ID authentication using the...more
The US Department of Justice has taken its first enforcement action against COVID-19 fraud, illustrating its previously stated commitment to prosecute “bad actors” attempting to exploit the global health crisis. On March 22,...more
As we all respond to COVID-19 (the coronavirus), we should keep an eye on the responsive measures being taken by the US Department of Justice (DOJ), and consider how those measures might impact companies and individuals...more
New York’s Nuisance Call Act (NYNC Act), signed into law in December 2019 and effective as of March 1, 2020, amends New York’s telemarketing law (specifically, N.Y. Gen. Bus. Law § 399-z) by requiring live voice outbound...more
3/13/2020
/ ATDS ,
Coronavirus/COVID-19 ,
Data-Sharing ,
Do Not Call List ,
Due Process ,
Emergency Response ,
Federal Trade Commission (FTC) ,
New Legislation ,
Safe Harbors ,
State of Emergency ,
TCPA ,
Telemarketing
In the scramble to come into compliance before the January 1, 2020 deadline, companies may have overlooked a key - and potentially costly - requirement in the California Attorney General draft regulations to the California...more
Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more
2/12/2020
/ ATDS ,
Auto-Dialed Calls ,
Cannabis-Related Businesses (CRBs) ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Energy Sector ,
FCC ,
Hobbs Act ,
Insurance Industry ,
Marketing ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Reassigned Phone Numbers ,
Safe Harbors ,
Split of Authority ,
Standing ,
Statute of Limitations ,
Statutory Authority ,
TCPA ,
Text Messages ,
TRACED Act ,
Utilities Sector
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more
1/30/2020
/ Appeals ,
Article III ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Facebook ,
FCC ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Safe Harbors ,
Smartphones ,
Standing ,
TCPA ,
TRACED Act
2019 saw an effort by both Congress and various state legislatures to reduce the volume of robocalling and “spoofed” calls. Robocalls are pre-recorded calls placed through automated dialing equipment while spoofed calls...more
1/15/2020
/ Auto-Dialed Calls ,
Civil Forfeiture ,
Enforcement Authority ,
FCC ,
Forfeiture ,
New Legislation ,
New Regulations ,
Regulatory Violations ,
Robocalling ,
Rulemaking Process ,
Spoofing ,
State Legislatures ,
TCPA ,
Telecommunications
On December 9, 2019, the Federal Communications Commission (FCC or Commission) released a declaratory ruling in which it found that online fax services that receive unsolicited fax advertisements “sent as email over the...more
On December 2, 2019, a jury in the Eastern District of New York acquitted Jean Boustani, a Lebanese citizen who is alleged to have been a key player in coordinating more than $200 million in bribe and kickback payments to...more
12/13/2019
/ Acquittals ,
Bribery ,
Credit Suisse ,
Criminal Prosecution ,
Extraterritoriality Rules ,
Foreign Nationals ,
Fraud ,
Indictments ,
Kickbacks ,
Misrepresentation ,
Mozambique ,
Nexus ,
Securities Fraud ,
Venue
Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more
12/3/2019
/ Auto-Dialed Calls ,
Class Action ,
Energy Sector ,
FCC ,
New Guidance ,
Opt-Outs ,
Prior Express Consent ,
Settlement ,
Solar Energy ,
TCPA ,
Telemarketing ,
Text Messages ,
Utilities Sector
More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing system” (ATDS or autodialer)...more
Multiple retailers and restaurant groups are facing a spate of recently filed class actions alleging violations of the Americans with Disabilities Act (ADA) for their failure to offer gift cards containing Braille that are...more
On September 24, 2019, in response to a request for clarification by certain industry groups, the Indiana Attorney General’s Office issued a Memorandum of Legal Guidance (the “MLG”) confirming that the amendments to the...more
On October 7, 2019, the US Court of Appeals for the Second Circuit extended litigants’ ability to seek discovery under 28 U.S.C. §1782. Parties typically pursue discovery as part of the litigation process; however, Section...more
Insurance companies that do business in Indiana may be concerned that they are now required to register as a telephone solicitor with the Indiana Attorney General’s Office as a result of legislation that went into effect in...more
A recent spate of suits against several major retailers has raised questions about whether self-service checkouts and other kiosks must comply with the requirements of Title III of the Americans with Disabilities Act (ADA)....more
As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or challenging. This is...more
9/11/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Constitutional Challenges ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Defense Strategies ,
Extraterritoriality Rules ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Injury-in-Fact ,
Standing ,
Statutory Defenses