Latest Publications

Share:

Redial: 2023 TCPA Year-in-Review

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 hot topics: What you need to know in 2024

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

Delaware Escheator steps up verified report inquiries for unclaimed property

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

States prevail over Delaware in unclaimed property case at the Supreme Court

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: What to expect in 2023

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

States collide on unclaimed property at the Supreme Court

​​​​​​​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

At last, a California Voluntary Compliance Program for unclaimed property

​​​​​​​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

California Attorney General alleges corporate fraud in unclaimed property lawsuit

“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

Seeking shelter from the (TCPA) storm: statutory safe harbor provides protection

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

Quashed: Delaware Supreme Court affirms decision quashing subpoena in AT&T unclaimed property audit

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

No April Fool’s joke: Supreme Court resolves circuit split in favor of narrow autodialer definition

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

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

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

What to expect in unclaimed property trends for 2021

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

Dialing In: TCPA Top 5 Issues for 2021

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

Court quashes Delaware’s subpoena of AT&T in unclaimed property dispute

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

FCC releases new guidance on autodialers, leaves key questions unanswered

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

7/13/2020  /  Auto-Dialed Calls , FCC , New Guidance , TCPA

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 collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more

FCC adopts final rules implementing federal TRACED Act

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

The waiting game: Nearly 30 years later, companies lack meaningful regulatory guidance on the TCPA and ADA

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

Shaken AND Stirred - FCC adopts caller ID standards to combat illegal spoofing; definition of autodialer remains elusive

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

Redial: 2019 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

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

Dialing In - TCPA top issues to watch in 2020

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

2019 Legislative roundup - Federal TRACED Act and state laws aimed at combating robocalls 

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

Faxing in the digital age - FCC’s Consumer and Governmental Affairs Bureau finds that faxes sent to online fax services do not...

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

151 Results
 / 
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide