News & Analysis as of

Faxes Opt-Outs

Benesch

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

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Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...more

Womble Bond Dickinson

Bais Yaakov Strikes Again: Nonprofit May Be Fax "Sender" Despite Not Sending Fax

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As we’ve recently highlighted, the FCC is currently seeking industry comment on how it should interpret the term “sender” for purposes of imposing liability for faxes sent in violation of the TCPA. Until the agency releases...more

Womble Bond Dickinson

FCC Seeks Comments on Definition of “Sender” Under Junk Fax Rules by April 8, 2019

Womble Bond Dickinson on

On February 26, 2019, the law firm Akin Gump Strauss Hauer & Feld LLP (“Akin Gump”) filed a petition (“Petition”) with the Federal Communications Commission (“Commission”) requesting that the Commission “expeditiously...more

Eversheds Sutherland (US) LLP

REDIAL: 2018 TCPA Year-in-Review – Analysis of Critical Issues and Trends in TCPA Compliance and Litigation

Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our...more

Womble Bond Dickinson

Walmart Pharmacy Hit with TCPA Class Action for Sending One Fax Advertisement in District Court of Kentucky

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Lifeback Recovery Center, PLLC has brought a TCPA class action complaint against Walmart Pharmacy in the Western District of Kentucky, contending it received an unsolicited fax advertisement from the pharmacy....more

Bass, Berry & Sims PLC

TCPA Exemptions for Healthcare Companies

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As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more

Womble Bond Dickinson

REPUBLISHED TCPA Horror Story: 1 Fax+1 Lawsuit = $12.5M Award– Man’s home, business in limbo

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OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more

BakerHostetler

AD-ttorneys@law

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In This Issue: - IAB Alleviates the Anxiety of Influence - FTC Throws Made-in-the-USA Shade - ERSP Finds Whitening Claims Only Slightly Dimmed - Trump Administration Fails to Shock Public with FTC Picks - Camp Drugs’...more

Baker Donelson

TCPA Update: Financial Industry Keeps Up the Pace in Challenging FCC, Alleged Violations

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The most important ruling by a court on the TCPA is one that has not quite happened yet. The D.C. Court of Appeals is currently considering ACA International's challenge to the ultra-expansive interpretation of the TCPA...more

BakerHostetler

The D.C. Circuit Denies Motion to Stay Issuance of Mandate in Yaakov v. FCC Opt-Out Notification Case, but Petition for Certiorari...

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On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated...more

Eversheds Sutherland (US) LLP

DC Circuit Denies Rehearing of TCPA Fax Decision

On June 6, 2017, the US Court of Appeals for the DC Circuit denied the government’s request for an en banc rehearing of a March 31, 2017, decision that invalidated a decade-old Federal Communications Commission (FCC) rule...more

BakerHostetler

DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications...

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On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement...more

Mintz - Privacy & Cybersecurity Viewpoints

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Kelley Drye & Warren LLP

TCPA Tracker-May 2017

Recent News - Class Action Plaintiffs Seek En Banc Review of D.C. Circuit Fax Advertisement Decision - On April 28, 2017, the class action plaintiff petitioners in Bais Yaakov of Spring Valley et.al. v. FCC (No....more

Kilpatrick

D.C. Circuit Strikes Down FCC Opt-Out Notice Requirement for “Solicited” Fax Ads

Kilpatrick on

Takeaway: The D.C. Circuit recently dismantled a claim commonly asserted under the TCPA’s Junk Fax Prevention Act of 2005, by rejecting the FCC’s rule that fax advertisers violate the TCPA by not including compliant “opt-out”...more

Goodwin

Financial Services Weekly News - April 2017 #3

Goodwin on

Editor's Note - Cross River Bank Takes on Colorado in True Lender Action. This past January, the Administrator of Colorado’s Uniform Consumer Credit Code filed a court action against Marlette Funding LLC (Marlette),...more

Amundsen Davis LLC

DC Circuit Invalidates FCC Fax Rule Effectively Closing the Door to TCPA Class Actions Based on Alleged Violations

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The D.C. Circuit Court of Appeals held that the Federal Communications Commission (“Commission”) overstepped its authority in 2006 when it implemented the Solicited Fax Rule, which requires all fax advertisements — even those...more

Kelley Drye & Warren LLP

D.C. Circuit Limits FCC Jurisdiction on Fax Advertisements

On March 31, 2017, the United States Court of Appeals for the District of Columbia issued a decision in Bais Yaakov of Spring Valley et.al. vs. FCC (No. 14-1234), holding that the FCC’s 2006 Solicited Fax Rule is unlawful to...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Junks the FCC’s Junk Fax Rule

The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more

K&L Gates LLP

D.C. Circuit Holds that FCC Lacks Authority to Require Opt-Out Notices for Solicited Faxes, Vacates FCC Order

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The U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 split decision, has issued an opinion that the Federal Communications Commission (the “FCC”) lacked authority under the Telephone Consumer Protection...more

Ballard Spahr LLP

FCC Cannot Require Opt-Out Notice on "Solicited" Fax Ads, D.C. Circuit Holds

Ballard Spahr LLP on

The FCC's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited fax advertisements, the U.S. Court of Appeals for the District of Columbia Circuit has held in a 2-1 ruling....more

McGuireWoods LLP

D.C. Circuit Strikes FCC’s Rule Requiring Opt-Out Notice on Solicited Faxes

McGuireWoods LLP on

On March 31, the U.S. Court of Appeals for the D.C. Circuit struck down a Federal Communications Commission (FCC) rule requiring that solicited fax advertisements contain a notice on how to opt out of future faxes. Following...more

Eversheds Sutherland (US) LLP

Just the Fax: DC Circuit Rejects FCC Requirement of Opt-Out Language on Solicited Faxes Under the TCPA

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

Manatt, Phelps & Phillips, LLP

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

Bass, Berry & Sims PLC

D.C. Circuit Strikes Down TCPA Fax Opt-Out Requirement

Last week, the D.C. Circuit overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the...more

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