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FCC Drops Message That Ringless Voicemails Are Subject to TCPA

On Nov. 21, 2022, the Federal Communications Commission issued a declaratory ruling and order finding that “ringless voicemails” to wireless phones are “calls” made using an artificial or prerecorded voice. Such calls,...more

12/6/2022  /  FCC , TCPA , Telecommunications , Voicemail

TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid

The 7th U.S. Circuit Court of Appeals recently served up a defense victory by ruling that defendants do not carry the burden of proof at class certification, even on issues where defendants would bear the burden on the...more

U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory

On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the...more

Proposed Amendments to Fair Credit Reporting Act

Two new bills affecting credit reporting and the use of credit reports for employment purposes are working their way through Congress. If passed, the bills would amend the Fair Credit Reporting Act (FCRA). The first, The...more

Supreme Court Rules Settlement Offer Does Not Moot Class Action

On January 20th, 2016, in Campbell-Ewald Co. v. Gomez, a case closely watched by both sides of the class action bar, the U.S. Supreme Court ruled in an opinion authored by Justice Ruth Bader Ginsberg that an unaccepted Rule...more

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