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
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
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
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
Although the Telephone Consumer Protection Act (TCPA) may be most commonly known for its prohibitions on robocalls, text messages also fall within the TCPA’s broad scope. Given the outsize risk of class action TCPA litigation...more
Meeting the requirements of federal and state Do-Not-Call laws (DNC) is a key component of telemarketing compliance. The National Do-Not-Call Registry is a national database that permits consumers to register their telephone...more
Companies in consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2018, TCPA lawsuits remained one of the most filed types of class actions in courts...more
1/10/2019
/ Auto-Dialed Calls ,
Class Action ,
Databases ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
TCPA ,
Third-Party Liability
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more
12/21/2018
/ Auto-Dialed Calls ,
Databases ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
Spam ,
TCPA ,
Text Messages ,
Wireless Devices
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more
“What is an autodialer?” The FCC wants to know what you think.
For years, the question of what constitutes an autodialer has confounded courts, the Federal Communications Commission (FCC), and companies that call and text...more
Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International.
TCPA R.I.P.? -
No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more
4/5/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
On March 22, 2018, the Federal Communications Commission (FCC) issued its Second Further Notice of Proposed Rulemaking and is seeking comments on the intractable problem of Telephone Consumer Protection Act (TCPA) liability...more
In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more
3/23/2018
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Devices
The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION.
This publication reflects our in-depth analysis...more
Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more
We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) Declaratory Ruling and...more
A company making calls to residential telephone numbers was not liable for alleged violations of the Telephone Consumer Protection Act (TCPA) where the calls were made on behalf of a nonprofit, according to a recent decision...more
In a March 31, 2017 ruling, the US Court of Appeals for the DC Circuit invalidated a 2006 Federal Communications Commission (FCC) rule requiring businesses to include opt-out notices on solicited fax advertisements sent with...more
With all the pomp, circumstance, and general political commotion surrounding the inauguration of President Donald J. Trump on January 20, 2017, it was easy to overlook one of his first acts in office: the appointment of Ajit...more
The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS.
This publication reflects our in-depth analysis of significant Telephone Consumer...more
1/19/2017
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Corporate Counsel ,
FCC ,
Popular ,
Prior Express Consent ,
Regulatory Agenda ,
Robocalling ,
Spokeo v Robins ,
TCPA ,
Telemarketing ,
Text Messages ,
VoIP
On November 16, 2016, the Federal Communications Commission (FCC) issued a final rule regarding the treatment of debt servicing and collection calls made by or on behalf of the federal government under the Telephone Consumer...more
Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more
The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends.
This publication reflects our in-depth analysis of significant...more
1/12/2016
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Class Action ,
Corporate Counsel ,
Declaratory Rulings ,
Energy Sector ,
FCC ,
Health Care Providers ,
Insurance Industry ,
Popular ,
Prior Express Consent ,
Regulatory Agenda ,
TCPA
Interpreting broadly the scope of standing to bring suit under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Third Circuit has held that even an unintended recipient of an automated call is...more
Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions...more