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The United States Federal Communications Commission › Class Action › Prior Express Consent

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 -
Benesch

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

Benesch

Text Message Marketing: QuoteWizard (Partially) Stuck with TCPA Class Action

Benesch on

Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Eversheds Sutherland (US) LLP on

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

Rumberger | Kirk

Significant FCC Ruling Distinguishes Online Fax Services Not in Violation of TCPA

Rumberger | Kirk on

In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

Neal, Gerber & Eisenberg LLP on

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Eversheds Sutherland (US) LLP

TCPA industry focus - Energy and utility industry

Eversheds Sutherland (US) LLP on

Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more

Bradley Arant Boult Cummings LLP

Ask and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary Judgment

Bradley Arant Boult Cummings LLP on

Consent is the most powerful weapon companies have against TCPA liability, and a recent Eleventh Circuit opinion illustrates how. In Gorss Motels, Inc. v. Safemark Systems, L.P., the Eleventh Circuit affirmed summary judgment...more

Foley & Lardner LLP

Real Estate Industry Facing Threat of New TCPA Class Actions

Foley & Lardner LLP on

Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

Faegre Drinker Biddle & Reath LLP on

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

Eversheds Sutherland (US) LLP

Dialing in – Top five TCPA issues for 2019

Eversheds Sutherland (US) LLP on

Companies in consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2018, TCPA lawsuits remained one of the most filed types of class actions in courts...more

Womble Bond Dickinson

$5.875MM: Another Million-Member TCPA Class Settlement Meets with Approval

Womble Bond Dickinson on

Another day, another 7 figure TCPA settlement. Today’s settlement approval comes to us from the Eastern District of Michican where a local furniture store saw its 2016 telemarketing effort turn into a multi-million dollar...more

Womble Bond Dickinson

Controlled Chaos?: FCC Withdraws Overruled Portion of Solicited Fax Rule One Day After Supreme Court Accepts Review of Different...

Womble Bond Dickinson on

The TCPA jockeying continues at the FCC. As we reported on Tuesday, the U.S. Supreme Court has just granted cert to determine whether or not the FCC’s definition of “unsolicited advertisement” in its 2006 Junk Fax Ruling...more

Womble Bond Dickinson

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires...

Womble Bond Dickinson on

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal...more

Womble Bond Dickinson

Happy Halloween TCPAland!: More Ghoulish TCPA Statistics to Freak You Out

Womble Bond Dickinson on

Happy Halloween TCPAland! As has been our tradition we pause this All Hallows Eve to provide some TCPA ghost stories. (And yes, I carved that TCPA pumpkin.)...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Sheppard Mullin Richter & Hampton LLP on

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Womble Bond Dickinson

Lyft Joins Uber in TCPA Purgatory: Lyft Sued in TCPA Class Action for Texts Sent through Lyft Concierge

Womble Bond Dickinson on

Yesterday, a class action was filed against the ride-sharing company Lyft for text messages it sent through its “Concierge” program in an alleged attempt to gain more ridership. Lyft Concierge is a program which allows...more

Womble Bond Dickinson

Finding Solid Ground: Junk Fax TCPA Certification Opinions Slowly Aligning with Certification Approach Applied in Other TCPA...

Womble Bond Dickinson on

Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more

Morrison & Foerster LLP

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

Morrison & Foerster LLP on

Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Sheppard Mullin Richter & Hampton LLP on

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Proskauer - Minding Your Business

A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA

Proskauer - Minding Your Business on

Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more

Eversheds Sutherland (US) LLP

Dialing-In: TCPA Hot Issues for 2018

Eversheds Sutherland (US) LLP on

Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more

Hogan Lovells

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

Hogan Lovells on

A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and...more

Eversheds Sutherland (US) LLP

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

Eversheds Sutherland (US) LLP on

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

Manatt, Phelps & Phillips, LLP on

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

Ruder Ware

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

Ruder Ware on

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

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