News & Analysis as of

Eighth Circuit Reverses Summary Judgment, Directs Trial Court to Determine Whether Consent Was Revoked

In an unpublished, per curiam decision, the Eighth Circuit recently reversed the entry of summary judgment in favor of a defendant and directed the district court to address whether the plaintiff had revoked his consent to...more

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

Eleventh Circuit Hears Oral Argument in Landmark TCPA Case

Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more

TCPA Hot Issues: Is the Scope of Consent Unlimited?

What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more

FCC Seeks Comment on Petition Concerning Prior Express Consent

On August 1, 2014, the FCC issued a Public Notice seeking comment on a petition filed by Santander Consumer USA, Inc. (“Santander”), which requests an expedited declaratory ruling from the FCC to clarify the meaning of “prior...more

Advertising Law - July 2014 #4

COPPA Gets Parental Consent Updates - With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more

TCPA Hot Issues: If Consent is Not Forever, What Constitutes Revocation?

One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more

FCC Reinforces that Those Who Knowingly Release Cell Numbers Grant Permission to be Called Under the TCPA--But Companies May Still...

We recently reported on two FCC declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA), in the context of social-network text messages and package-delivery calls, that included broad, business-friendly...more

FCC TCPA Ruling Provides Guidance on Mobile App Messaging

On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular...more

Three Important TCPA Developments

Within the course of two weeks, there have important modifications in the way that the TCPA is applied and enforced. 1. In the Matter of GroupMe Inc./Skype Communications S.A.R.L., FCC Declaratory Ruling, FCC 14-33...more

FCC Grants Limited Package Delivery Notification “Prior Express Consent” Exemption

On March 27, 2014, the FCC granted, in part, a petition for expedited declaratory ruling filed by the Cargo Airline Association (“CAA”). (The FCC’s CAA Order can be found here.) In its petition, the CAA asked the FCC: (1) to...more

GroupMe Gets an FCC Green Light on Sending Administrative Texts to Confirm Interest in Joining Social Network Groups

Previous TCPA Blog posts have noted that the FCC has a growing backlog of petitions for rulemaking, expedited declaratory ruling, or petitions for clarification on numerous issues posed by the TCPA. On a recent Friday, the...more

FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

Last week, the Federal Communications Commission (FCC) adopted two declaratory rulings that eased some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational...more

FCC Asked To Rule That Anonymized Phone Call Data May Not Be Shared Absent Customer Consent Under CPNI Rules

A coalition of privacy advocates filed a petition for declaratory ruling with the FCC on December 11, 2013 seeking a significant tightening of the Commission’s existing rules that limit the sharing of Customer Proprietary...more

FCC Clarifies Rule Governing Foreign Ownership of Broadcast Stations

On November 14, 2013, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling (“Ruling”) clarifying its policies and procedures for reviewing applications or proposed transactions in the broadcasting...more

FCC Seeks Comment on Petitions to Mitigate Impact of New Robocall Rules

The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more

The New Written Consent Requirements for Telemarketing Calls under the TCPA Go into Effect on October 16, 2013—Are You Ready?

The Federal Communications Commission (FCC) approved and published its amended Telephone Consumer Protection Act (TCPA) regulations in February 2012, imposing additional consent, abandonment, and opt-out requirements for...more

Are You Ready for the New Telephone and Text Marketing Rules?

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA)...more

40 Days and 40 Nights on Mount TCPA: Make Sure You Come Down with Proper Consent for Autodialed, Prerecorded and Text...

Companies that place prerecorded telemarketing calls, or that telemarket to cell phones via text-message or automatic telephone dialing systems, should be well on their way toward compliance with new FCC rules that take...more

Appeals Court Rules Consumers Can Revoke Consent Under TCPA

On August 22, 2013, the U.S. Court of Appeals for the Third Circuit ruled unanimously that under the Telephone Consumer Protection Act (TCPA), consumers may withdraw their consent to have robo-callers call them....more

More TCPA Lawsuits Coming: Express Consent Can Be Revoked at Any Time

Express consent to be called using an autodialer can be revoked at any time, says the U.S. Court of Appeals for the Third Circuit. On August 22, 2013, in Gager v. Dell Financial Services, LLC, the Court attacked a common...more

Consumer Can Revoke Consent to Autodialed or Prerecorded Cell Phone Calls

The Telephone Consumer Protection Act (TCPA) permits a consumer to revoke consent given for autodialed or prerecorded calls to the consumer's cellular telephone number and does not limit the timing of revocation, the U.S....more

New FCC Interpretation Of "Express Consent" To Increase TCPA Class Action Liability

Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more

No TCPA Express Consent When Instructions to the Contrary are Provided

The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides...more

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