News & Analysis as of

Debt Collection Telecommunications

Manatt, Phelps & Phillips, LLP

TCPA Suit Tossed Where Plaintiff Not A ‘Called Party’

A Telephone Consumer Protection Act (TCPA) plaintiff who was neither a subscriber of the telephone number nor a customary user of the number failed to state a claim under the statute, a New York federal court has ruled....more

Perkins Coie

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

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The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - October 2021

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - September 2021

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

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup

As part of Manatt’s continuing monthly coverage of the aftermath of the Facebook v. Duguid decision and how district courts are applying it when determining whether a calling system meets the Supreme Court’s newly clarified...more

Manatt, Phelps & Phillips, LLP

Revocation of Consent Question Sent to Jury in Pennsylvania

Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act (TCPA) lawsuit, although it sent the issue of whether the plaintiff effectively revoked...more

Wiley Rein LLP

Tenth Circuit Finds That Actions by the FCC to Collect USF Overpayments Are Not Subject to Any Statute of Limitations

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A recent decision by the U.S. Court of Appeals for the Tenth Circuit addressed the applicable statute of limitations that applies to efforts by the Federal Communications Commission (FCC or Commission) to recover the...more

Kelley Drye & Warren LLP

TCPA Tracker - November 2020

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Recent News - FCC Publishes Directions and Filing Information for Caller ID Exemptions - On November 9, 2020 the Wireline Competition Bureau released a Public Notice, providing instructions for voice service providers...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - November 2020

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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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker: October 2020

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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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - September 2020

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

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - August 2020

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

Ballard Spahr LLP

Sixth Circuit widens circuit split over TCPA autodialer definition

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In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”)...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - July 2020

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

Burr & Forman

Eleventh Circuit Holds Consent in Bargained-For Contract Cannot Be Unilaterally Revoked

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Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020). Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more

Ballard Spahr LLP

Eleventh Circuit holds TCPA does not permit unilateral revocation of contractual consent

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The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - April 2020

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

Faegre Drinker Biddle & Reath LLP

U.S. Financial Institutions Petition FCC to Exclude Their Informational Calls from TCPA Liability During the COVID-19 Pandemic

On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more

Foley & Lardner LLP

COVID-19: Hospitals and Health Care Providers Included in New Guidance on the Emergency Purpose Exception to the Telephone...

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The Federal Communications Commission (FCC) has issued a Declaratory Ruling providing guidance (Guidance) on the implementation of the Telephone Consumer Protection Act of 1991 (TCPA) as COVID-19 continues to necessitate...more

King & Spalding

Third Circuit Affirms Judgment in Favor of Serial TCPA Litigant Due to Defendant’s Failure to Respond to Request for Admission

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On March 3, the Third Circuit upheld the Eastern District of Pennsylvania’s judgment in favor of a repeat player in TCPA litigation, concluding that the plaintiff had standing to sue because the calls in question went to his...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - March 2020

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

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Harris Beach PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

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The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

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