Telephone Consumer Protection Act

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
News & Analysis as of

Consumer Financial Services Newsletter - October 2016

Courts Are Giving "Standing" Teeth After Spokeo - Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to...more

HAPPY HALLOWEEN!: Nothing Better than Scary TCPA Statistics to Freak You Out This Halloween

Happy Halloween TCPA-landers! I’ve dug into some of the data available from the good folks at Web Recon and what I’ve found is down right *scary*. All tricks, no treats to be found, here unfortunately....more

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to...more

Mortgage Industry Seeks Exemption Under TCPA

The Federal Communications Commission (FCC) is expected in the near term to decide the fate of an exemption sought by the Mortgage Bankers Association (MBA) over the Telephone Consumer Protection Act's (TCPA) prior express...more

DC Circuit Hears TCPA Oral Arguments

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more

TCPA Argument Foreshadows Unforeseen D.C. Circuit Ruling on Manually Dialed Calls

On October 19, 2016, a panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the closely followed consolidated appeal of the Federal Communication Commission’s (FCC’s) 2015...more

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)....more

Federal Court Finds That 2015 TCPA Safe Harbor Applies to Automated Flu Shot Reminders

A recent decision from a federal court in California found that a retail pharmacy’s “flu shot reminder” calls to mobile phones fall within the FCC’s TCPA safe harbor for exigent health care treatment messages. But the holding...more

The Eight (8) Things YOU Need to Know About This Week’s Big Oral Argument on the ACA Appeal of the FCC’s TCPA Omnibus Ruling

Hello again, TCPA-landers. Divya and I had the opportunity to attend the big oral argument before the DC Circuit Court of Appeals on Wednesday. This was a spectacle that did not disappoint. The advocacy was superb, the...more

Power Homes Remodeling Settles TCPA Class Action

On October 12, 2016, the United States District Court for the Eastern District of Pennsylvania issued final approval of the $5.2 million settlement, resolving a Telephone Consumer Protection Act (“TCPA”) class action lawsuit...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

TCPA Health Care Exceptions Properly Applied In California

The Telephone Consumer Protection Act (“TCPA”) potentially touches just about every kind of business, including the business of selling prescription drugs. That is what the Northern District of California grappled with...more

TCPA Connect - October 2016

New Record Deal Reached in TCPA Settlement - In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise...more

Key TCPA Ruling Rejects Plaintiff for Lack of Standing

In a positive development for financial institutions and other businesses looking to communicate with customers via phone, a federal district court dismissed a Telephone Consumer Protection Act (TCPA) suit based on the...more

Reverse the Charges: Challengers Push Forward in Appeal of 2015 TCPA Order, Oral Argument Set for October 19

In July 2015, the Federal Communications Commission (FCC) issued a much-anticipated Declaratory Ruling and Order aimed at clarifying certain aspects of the Telephone Consumer Protection Act (TCPA). As previously reported,...more

Everalbum's User Referral Program Compliant Under TCPA

Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more

Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?

By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement...more

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA [Audio]

In the third episode of their health tech podcast series, Ian O’Neill, a shareholder in Brownstein Hyatt Farber Schreck’s intellectual property department focusing on technology transactions, licensing, advanced media and...more

Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left...more

Part III - TCPA: Legislative Updates - Interest Builds in Congress to Revisit the TCPA

Congressional Hearings on the TCPA - Both the House Energy & Commerce Committee and Senate Commerce Committee have shown interest in updating the TCPA by holding hearings on the law. On September 22nd, the House Energy...more

Spokeo and "No-Injury" Class Actions in Wisconsin Courts

In the wake of the decision from the Supreme Court in the United States on Spokeo, Inc. v. Robins, courts are grappling with how to apply the injury requirement for standing under Article III to “no-injury” class actions....more

FCC Authorizes Use of Call Blocking Technologies by Telephone Service Providers to Block Spoofed Calls

On September 30th, the Consumer and Governmental Affairs Bureau for the Federal Communications Commission (FCC or Commission) released a brief Public Notice in which it clarified that telephone service providers (including...more

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