Mark J. Furletti

Mark J. Furletti

Ballard Spahr LLP

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TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules

The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more

4/18/2016 - ATDS Bipartisan Budget Cell Phones Debt Collection Exemptions FCC Federal Loans Federal Student Loans Popular Retroactive Application TCPA

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

4/8/2016 - Article III Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS Settlement Offer Standing TCPA

FCC Chairman Previews Proposed Regulations for Implementing New TCPA Exemptions

A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more

3/16/2016 - Auto-Dialed Calls Corporate Counsel Debt Collection Exemptions FCC IRS NPRM Popular Prior Express Consent Robocalling TCPA

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

2/29/2016 - Auto-Dialed Calls Cell Phones Corporate Counsel Debt Collection FCC Health Care Providers Popular Prior Express Consent Putative Class Actions Summary Judgment TCPA

Ninth Circuit Rejects Attempt to Challenge FCC Order on TCPA

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit recently affirmed summary judgment for the defendant in a Telephone Consumer Protection Act (TCPA) case, refusing to entertain the plaintiff’s...more

2/10/2016 - ATDS FCC Prior Express Consent Putative Class Actions Summary Judgment TCPA Text Messages

“Human Intervention” Precludes ATDS Classification under New FCC TCPA Order, California Federal District Court Holds

In a memorandum opinion, the U.S. District Court for the Central District of California recently held that the defendant’s manual use of a desktop telephone was not subject to liability under the new Federal Communications...more

11/16/2015 - ATDS Do Not Call List FCC Prior Express Consent TCPA

Bipartisan Budget Act Creates New TCPA Exemptions

Prior to the amendment, these calls would have been prohibited absent the recipient’s prior express consent if placed to a cellular telephone and if they were made by an automatic telephone dialing system or included an...more

11/9/2015 - Bipartisan Budget Cell Phones Corporate Counsel Debt Collection Prior Express Consent Robocalling TCPA

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

9/21/2015 - Apple Pay Banking Sector Banks Cell Phones Class Action Disclosure Requirements FCC Online Banking Opt-Outs Prior Express Consent Right to Privacy Robocalling Smartphones TCPA Telecommunications Telemarketing

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

9/3/2015 - Appeals Cell Phones FCC Hobbs Act Loan Modifications Prior Express Consent Reasonable Expectation of Privacy Right to Privacy Robocalling TCPA Telecommunications Telemarketing Text Messages Unsolicited Phone Calls

The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of...more

9/2/2015 - Banking Sector Banks Class Action Debit and Credit Card Transactions EFTA Financial Institutions TCPA Written Consent

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

8/17/2015 - Cell Phones Do Not Call List FCC Popular Prior Express Consent Private Right of Action Right to Privacy Robocalling Smartphones TCPA Telecommunications

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

7/30/2015 - Article III Class Action Corporate Counsel Do Not Call List Popular Putative Class Actions Robocalling SCOTUS Spokeo Spokeo v Robins Standing TCPA Telemarketing

FCC Order Creates New TCPA Challenges for Companies

As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more

7/14/2015 - Auto-Dialed Calls Collection Agencies Debt Collection Declaratory Rulings Exemptions FCC Financial Institutions Healthcare Prior Express Consent Revocation TCPA Telemarketing Text Messages

FCC Approves TCPA Clarifications that Increase Potential for Liability

The Federal Communications Commission, in a divided vote, approved an order clarifying several long-simmering Telephone Consumer Protection Act (TCPA) issues. While the order has not been officially released, the...more

6/22/2015 - ATDS FCC Prior Express Consent Robocalling TCPA

FCC Chairman Releases Proposed TCPA Declaratory Rulings

Federal Communications Commission (FCC) Chairman Tom Wheeler has issued a fact sheet describing his proposed declaratory rulings on various issues involving the FCC’s interpretation of the Telephone Consumer Protection Act...more

6/3/2015 - FCC TCPA

Plaintiff Must Show Defendant’s Knowledge of TCPA Violation To Get Treble Damages, 11th Circuit Rules

The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more

4/7/2015 - Appeals Popular TCPA Treble Damages Willful Violations

‘Primary User’ of Cell Phone Number Can Sue under TCPA, Florida Federal Court Holds

The "primary user" of a cell phone line has standing to sue under the Telephone Consumer Protection Act (TCPA), even when another party is the actual subscriber to the service, a federal court in Florida has ruled. The case...more

3/31/2015 - Cell Phones Corporate Counsel Standing TCPA

FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations

In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more

3/30/2015 - Educational Institutions Exemptions FCC Prior Express Consent Robocalling TCPA

Debt Collector’s TCPA Violation Does Not Establish FDCPA Violation, Pa. Federal Court Rules

The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more

1/26/2015 - Debt Collection Debt Collectors FDCPA Robocalling TCPA

FCC Accepting Comments on ABA Petition To Exempt Fraud Notifications from TCPA Requirements

The Federal Communications Commission (FCC) recently issued a Public Notice requesting comments on a petition by the American Bankers Association (ABA) to exempt time-sensitive informational calls to mobile devices from the...more

11/13/2014 - American Bankers Association FCC Fraud Mobile Devices Notice Requirements Prior Express Consent Public Comment TCPA

Web-Based Platform Not Autodialer under TCPA, California Federal Court Rules

A California federal court recently ruled in Marks v. Crunch San Diego, LLC, that a third-party Web-based platform used by a health club to send text messages to its members was not an “automated telephone dialing system”...more

11/6/2014 - FCC Robocalling TCPA Text Messages

Debt Collector’s Automated Calls Did Not Fall within TCPA’s ‘Prior Express Consent’ Exception, Second Circuit Holds

Yesterday, the Second Circuit held that a plaintiff did not provide his “prior express consent” under the federal Telephone Consumer Protection Act (TCPA) to automated calls to his cell phone when he gave his cell phone...more

10/20/2014 - Debt Collection FCC Prior Express Consent Robocalling TCPA

TCPA Reform Gains Congressional Support

Industry efforts to persuade the Federal Communications Commission (FCC) to clarify its rules under the Telephone Consumer Protection Act (TCPA) recently received support from a group of 15 members of the U.S. House of...more

8/8/2014 - FCC Robocalling TCPA Telecommunications

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

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