The United States Federal Communications Commission › 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 +

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News & Analysis as of May 22, 2013

Florida Judge Rejects Long Standing, Accepted Definition of Express Consent Under Telephone Consumer Protection Act

by Michael Lueder | Foley & Lardner LLP on 5/13/2013

On May 8, 2013 Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission longstanding definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room...more

The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 1/23/2013

The U.S. Court of Appeals for the Ninth Circuit has amended a recent decision in which it suggested that prior express consent under the Telephone Consumer Protection Act (TCPA) for telephone calls made to mobile phones for...more

Are You Prepared for the New TCPA Changes Effective January 14, 2013?

by Michael Mallow, Christine M. Reilly, James Taylor | Loeb & Loeb LLP on 1/11/2013

The Federal Communications Commission (FCC) has approved and published its amended Telephone Consumer Protection Act (TCPA) regulations on telemarketing calls, many of which go into effect in 2013. These updates to the TCPA...more

New Automated Opt-Out, Text Message, and Prerecorded Telemarketing Rules to Take Effect in 2013

by Julie O'Neill, Andrew M. Smith | Morrison & Foerster LLP on 1/9/2013

Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text...more

Alabama District Court Grants Pharmacy’s Motion To Dismiss, Holding Plaintiff’s Claim Barred Because She Provided Her Cell Phone...

by Joshua Threadcraft | Burr & Forman on 1/2/2013

After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that...more

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