Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
Unclaimed property examinations and new types of regulatory inquiries will pose major challenges for US companies in 2024. Not only are states pushing ahead with more examinations, but many states are using new techniques to...more
Many organizations have recently received a notice from the Delaware Department of Finance Office of Unclaimed Property requesting a sworn verification of the completeness and accuracy of their unclaimed property reporting....more
All nine Supreme Court Justices sided with a group of 30 states in a dispute with Delaware over hundreds of millions of dollars of unclaimed checks issued by MoneyGram, a money transfer company. The Court held that the...more
Unclaimed property audits and compliance changes will challenge many US companies in 2023. Any company that is not filing annual reports will be at risk of an expensive multi-year audit, and even long-time filers could be...more
The US Supreme Court heard arguments on October 3, 2022 on an unclaimed property case for the first time since the early 1990s. The case, Delaware v. Pennsylvania, is a state-versus-state dispute between Delaware and...more
The California State Legislature has passed legislation giving the Controller the green light to establish a California Voluntary Compliance Program (VCP) for holders of unclaimed property. The bill, A.B. 2280,...more
“Corporate evasion is corporate fraud,” the California Attorney General declares in a March 22, 2022 press release accompanying an unclaimed property complaint the State has filed alleging systemic failure to report and remit...more
A statutory “safe harbor” within the Telephone Consumer Protection Act (TCPA) may have become a bit safer after a federal court reinforced what defendants must do to secure statutory protection from high-dollar TCPA lawsuits....more
On June 1, 2021, the Delaware Supreme Court affirmed the Court of Chancery’s decision to quash an administrative subpoena seeking extensive records in an unclaimed property audit of AT&T. The Delaware Department of Finance...more
On April 1, 2021, the US Supreme Court issued its long-awaited landmark ruling in Facebook v. Duguid, resolving a Circuit Court split on the definition of an automatic telephone dialing system (ATDS) under the Telephone...more
Supreme Court leaves TCPA intact; strikes down exception for government debt collection -
The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more
3/26/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Caller ID Services ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
SCOTUS ,
Spoofing ,
TCPA
Many US companies will face the threat of increased unclaimed property exposure in 2021 as states and private litigants ramp up audits, litigation and legislative changes designed to increase payments to states. Although...more
Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more
1/13/2021
/ Article III ,
Auto-Dialed Calls ,
Biden Administration ,
Corporate Counsel ,
Debt Collection ,
FCC ,
First Amendment ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party Liability
The long-running dispute between states and the business community over the expansive nature of unclaimed property audits has taken a new turn, with a Delaware state court quashing a subpoena served in the course of an audit...more
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
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
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
Unclaimed property audits and compliance issues will continue to be a challenge for companies in a wide range of industries. States view escheat as an important source of revenue, and contingent fee auditors will do their...more
1/29/2020
/ Abandoned Property ,
Audits ,
Capital Estimation Tool ,
Department of Labor (DOL) ,
Due Process ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Escheat ,
False Claims Act (FCA) ,
Individual Retirement Account (IRA) ,
Legislative Agendas ,
Look-Back Measurement Period ,
Pending Litigation ,
Required Minimum Distributions ,
SECURE Act ,
State and Local Government ,
State Attorneys General ,
Statute of Limitations ,
Unclaimed Property ,
Voluntary Disclosure
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