FCC, TCPA | JD Supra Law News

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

by Judith Harris | Reed Smith on 5/22/2013

In a recently released decision from the U.S. District Court for the Southern District of Florida, Mais v. Gulf Coast Collection Bureau, et al., Judge Robert N. Scola, Jr., granted in part and denied in part cross motions for...more

Client Alert: FCC TCPA Declaratory Ruling

by Paul Besozzi, Monica S. Desai, Deborah Lodge | Patton Boggs LLP on 5/22/2013

A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone...more

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

by Jim DeGraw, David McIntosh, Doug Meal, Mark Szpak | Ropes & Gray LLP on 5/20/2013

The Federal Communications Commission (“FCC”) recently declared that sellers of products and services can be held vicariously liable for actions of third-party telemarketers that violate the Telephone Consumer Protection Act...more

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

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

Is the FTC Opening a New Front in the War on Commercial Texting?

by Ronald London | Davis Wright Tremaine LLP on 3/11/2013

The Federal Trade Commission (FTC) recently announced it concurrently filed eight complaints in courts around the United States against “senders of spam text messages” who allegedly engaged in deceptive acts or practices by...more

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

by Amanda Bakale, Tiffany Cheung, Jacob Michael Kaufman, J. Alexander Lawrence, Christine E. Lyon, Julie O'Neill, Matthew R Galeotti, Jesse Soslow | Morrison Foerster - Social Media on 2/1/2013

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...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

"Eye on Privacy" Newsletter - January 2013

by Cedric Burton, Wendy Devine, Tonia Klausner, Christopher Kuner, Sharon Lee, Jason Mollick, Lydia Parnes, Anna Pateraki, Tracy Shapiro, Matthew Staples, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 1/18/2013

In this issue: - FTC Releases Final Amendments to Children's Online Privacy Protection Rule - Mobile Apps Face Heightened Privacy Enforcement - Policies and Practices Scrutinized - Global and European...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

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

Advertising Law -- Dec 26, 2012

by Manatt, Phelps & Phillips, LLP on 12/28/2012

In This Issue: SPECIAL FOCUS: FTC Announces Final Amendments to Children’s Online Privacy Protection Rule; ’Tis the Season for Gift Card Restrictions; NAD Speaks on Indefinite Promotions; FCC: Confirmatory Opt-Out...more

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

by Justin Winquist | BakerHostetler on 12/19/2012

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

by Justin Winquist | BakerHostetler on 12/17/2012

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast”...more

FCC Provides Clarity for Businesses Responding to Texting Opt-Outs

by Andrew D. Bluth, Lauren Lynch Flick | Pillsbury Social Media, Entertainment &... on 12/13/2012

Resolving a conundrum faced by every business that has entered the world of consumer texting, the FCC has ruled that businesses are not violating the federal Telephone Consumer Protection Act ("TCPA") by sending a...more

FCC Rules that Opt-Out Confirmation Text Messages Do Not Violate the TCPA

by Tiffany Cheung, Julie O'Neill, Matthew R Galeotti | Morrison & Foerster LLP on 12/10/2012

Waves of class actions have recently alleged that the delivery of an opt-out confirmation text message violates the Telephone Consumer Protection Act (“TCPA”). Thus, a Federal Communications Commission (“Commission”)...more

FCC Rules That Confirmatory Opt-Out Text Messages Don't Violate the TCPA Under Certain Circumstances

by Debra R. Bernard | Perkins Coie on 12/5/2012

In a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission (FCC) released a Declaratory Ruling regarding the...more

FCC TCPA Declaratory Ruling on Opt-out Text Communications Enables Organizations to Issue Confirmation Messages

by Monica S. Desai | Patton Boggs LLP on 12/4/2012

On November 29, the Federal Communications Commission (FCC) declared that businesses are allowed to send a one-time text message to a consumer that confirms a request to opt-out of receiving future text communications. The...more

FCC Holds Confirmatory Text Messages Do Not Violate TCPA

by Burr & Forman on 12/4/2012

In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (Nov. 29, 2012) Pending...more

FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers

by Jeff Ifrah on 12/3/2012

The Federal Communications Commission recently ruled that companies may send a one-time text message confirming a consumer’s opt-out of texts without violating the Telephone Consumer Protection Act (“TCPA”), and potentially...more

FCC Issues Declaratory Ruling Allowing Text-Message Opt-Out Confirmations

by Davis Wright Tremaine LLP on 12/1/2012

Yesterday, the Federal Communications Commission issued a declaratory ruling clarifying that sending a follow-up text-message confirming a consumer’s opt-out from receiving future texts does not itself violate the Telephone...more

Take Two of These, and I will Text you in the Morning (Because It’s Permitted Under the TCPA)

by Proskauer - Privacy & Data Security on 11/30/2012

In its Memorandum Opinion and Order dated November 9, 2012, the US District Court for the Northern District of Alabama in Pinkard v. Wal-Mart Stores, Inc. held that under the Telephone Consumer Protection Act (TCPA), when an...more

llinois District Court Certifies Interlocutory Summary Judgment Order Addressing Meaning of Prior Express Consent and...

by Burr & Forman on 11/30/2012

Thrasher-Lyon v. CCS Commercial LLC, No. 11 C 04473, 2012 WL 5389722 (N.D. Ill. Nov. 2, 2012) Pending before the court was Defendants’ Motion to Reconsider summary judgment granted in the named Plaintiff’s favor, and...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

The United States Federal Communications Commission › Telephone Consumer Protection Act

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

Client Alert: FCC TCPA Declaratory Ruling

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

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

Is the FTC Opening a New Front in the War on Commercial Texting?

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

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

"Eye on Privacy" Newsletter - January 2013

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

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

Advertising Law -- Dec 26, 2012

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

FCC Provides Clarity for Businesses Responding to Texting Opt-Outs

FCC Rules that Opt-Out Confirmation Text Messages Do Not Violate the TCPA

FCC Rules That Confirmatory Opt-Out Text Messages Don't Violate the TCPA Under Certain Circumstances

FCC TCPA Declaratory Ruling on Opt-out Text Communications Enables Organizations to Issue Confirmation Messages

FCC Holds Confirmatory Text Messages Do Not Violate TCPA

FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers

FCC Issues Declaratory Ruling Allowing Text-Message Opt-Out Confirmations

Take Two of These, and I will Text you in the Morning (Because It’s Permitted Under the TCPA)

llinois District Court Certifies Interlocutory Summary Judgment Order Addressing Meaning of Prior Express Consent and...

Expand Your Reach