News & Analysis as of

Exemptions Telecommunications

Ius Laboris

‘Standing orders’ in Karnataka State, India

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Since 2014, the state government of Karnataka has exempted companies operating in the IT, animation, gaming, computer graphics, telecom and certain other specified knowledge-based industries from the requirements of ‘standing...more

Shipkevich PLLC

FCC Amends TCPA Rules Effective July 20, 2023

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On January 23, 2023, the Federal Communications Commission (FCC) announced an important change to its rules regarding calls to residential numbers that are currently exempt from the Telephone Consumer Protection Act (TCPA)....more

Venable LLP

FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act

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On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the...more

Faegre Drinker Biddle & Reath LLP

FCC Acts on Pending Reconsideration Petitions of its 2020 TCPA Exemptions Order

The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...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

Manatt, Phelps & Phillips, LLP

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act (TCPA)...more

Eversheds Sutherland (US) LLP

President Biden issues Executive Order modifying, but mostly retaining, the Trump Era Chinese Military Company securities ban 

On June 3, 2021, in one of his first major China-related actions, President Biden issued an Executive Order that amends, but keeps intact the core elements of, previous orders issued by President Trump prohibiting US Persons...more

Manatt, Phelps & Phillips, LLP

Correct TCPA Exemptions, Industry Group Asks FCC

The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the Federal...more

Wiley Rein LLP

TCPA Update: FCC Imposes New Call Limits and Opt-Out Requirements

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On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The Report and Order codifies exemptions...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

International Lawyers Network

The Federal Court Of Appeal Upholds Canada’s Anti-spam Legislation As Constitutional

On June 5, 2020, the Federal Court of Appeal (“FCA“) released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada’s anti-spam legislation...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

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....more

Faegre Drinker Biddle & Reath LLP

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

Carlton Fields

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) has long banned certain people from spamming your cellphone with “robocalls” placed through automated dialers. But this ban did not extend to all types of robocalls. If the call...more

Womble Bond Dickinson

Fourth Circuit Severs 2015 Government-Backed Debt Exemption From TCPA Based on First Amendment Challenge

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The TCPA was the patient on the operating table in the Fourth Circuit’s opinion regarding the constitutionality of the TCPA issued today in American Association of Political Consultants, Inc., et al v. FCC, No. 18-1588 (4th...more

Womble Bond Dickinson

FROM THE MAILBAG: The Czar Answers TCPAland Questions About Timing of Revocation/Recycled Number Requests, Healthcare Exemption

Womble Bond Dickinson on

NOT LEGAL ADVICE, NOT LEGAL ADVICE, NOT LEGAL ADVICE–DON’T RELY ON THIS–CONSULT AN ATTORNEY - Every once in a while we get some questions from our loyal readers. Thought I’d take a minute and provide a few answers where I...more

Womble Bond Dickinson

2018 FCC Regulatory Fees Payment Deadline September 25

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The FCC has announced a deadline of September 25 for receipt of its Fiscal Year 2018 annual regulatory fees. Fees are owed on all authorizations held as of October 1, 2017, or held on the fee due date. Licensees who...more

BCLP

D.C. Circuit Rejects FCC’s Interpretation of Automatic Telephone Dialing System Under TCPA

BCLP on

As retailers continue to be sued for alleged violation of the Telephone Consumer Protection Act (“TCPA”), a long-awaited ruling by the D.C. Circuit on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) may provide...more

Wilson Sonsini Goodrich & Rosati

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

Ballard Spahr LLP

Mortgage Industry Seeks Exemption Under TCPA

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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

Womble Bond Dickinson

2015 FCC Regulatory Fees Due By September 24, 2015

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The FCC has announced a deadline of September 24 for receipt of its Fiscal Year 2015 annual regulatory fees. Fees are owed on all authorizations held as of October 1, 2014. Payment may be made by credit card, debit card,...more

Saul Ewing LLP

FTC’s New Interpretation of Hart-Scott-Rodino Investment Property Exemption May Disrupt Industries Structured Around Prior...

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The Federal Trade Commission’s Bureau of Competition Premerger Notification Staff has announced that Hart-Scott-Rodino Rule 802.5 (the “investment rental property exemption”) will no longer be available if the buyer...more

Womble Bond Dickinson

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

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On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

Kelley Drye & Warren LLP

Comment Dates Announced for Small Business Exemption to the Enhanced Transparency Rule

On July 6, 2015, a summary of the Federal Communications Commission’s (FCC) Small Business Exemption to the Open Internet Order’s Enhanced Transparency Rule was published in the Federal Register....more

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