The United States Federal Communications Commission Class Action

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
News & Analysis as of

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

Business Litigation Report - January 2016

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2 - Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent...more

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

Ringing Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016

We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year....more

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends

The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends. This publication reflects our in-depth analysis of significant...more

District Courts Stay TCPA Cases in Light of Spokeo, Gomez, and D.C. Circuit Appeal

A number of federal district courts have recently stayed TCPA cases pending the outcome of Supreme Court proceedings in Robins v. Spokeo, Inc. and Campbell-Ewald Co. v. Gomez, and the outcome of petitions seeking review of...more

TCPA Connect - December 2015

SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule - On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more

Agencies’ experts make privacy regulation a serious threat

Now it is the time to get smart about privacy and technology, because your government regulators are smart and savvy in those areas. No, that’s not a misprint. Though government regulators are often far behind on the...more

The Telephone Consumer Protection Act Overview

The TCPA has been a source of significant class action activity in recent years as businesses seek to navigate the law and plaintiffs’ lawyers seek to exploit its many ambiguities....more

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more

Advertising Law - September 2015 #2

FTC Reviews Kids’ Apps for Privacy Progress - Three years after conducting a survey on apps directed to children, the Federal Trade Commission’s Office of Technology Research and Investigation decided to check back with...more

“Human Intervention” Defense To TCPA Gains Traction

On August 26, 2015, we wrote about a decision out of the Northern District of California, Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), in which the defendant prevailed in defeating...more

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent

Most of the attention involving the Telephone Consumer Protection Act (“TCPA”) has centered on the stream of class actions around the country. It is important to remember that the Federal Communications Commission (“FCC”) and...more

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection...more

District Court Finds that Texts Sent Via Mobile App Not Subject to TCPA Due to Users’ “Affirmative Choices” to Send Messages

On August 24, a California district court ruled in favor of a rewards-based app company, rejecting plaintiffs’ arguments that the company violated the Telephone Consumer Protection Act (TCPA). Huricks v. Shopkick, Inc., No....more

Advertising Law - August 2015 #4

In Case You Missed It: Possible Jail Time for TCPA Violations, Microsoft Gets Slammed With Solicitation Scam Class Action, and 'Do Not Disturb' Technology Gets Pushed on FCC - The world of the Telephone Consumer...more

FCC Issues $2.96 Million Fine for Robocalling Violations

Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for...more

Seventh Circuit Cleans Up the Law; Holds Rule 68 Offer of Complete Relief Does Not Render Litigation Moot

In a case that began as a putative class action, the Seventh Circuit held that a Rule 68 offer of complete relief does not render litigation moot. Plaintiff in Chapman v. First Index filed a “junk-fax” suit pursuant to the...more

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Privacy & Cybersecurity Update - July 2015

Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases - The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more

Gavel to Gavel: Class-action Christmas in July

Your dentist, barber and bank send you text messages every day. Electronic communications are part of our lives and our business – but that may change if the Federal Communications Commission has its way. Originally...more

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