Prior Express Consent

News & Analysis as of

An overview of Bill S-201: An Act to prohibit and prevent genetic discrimination

On May 3, 2016, Bill S-201, An Act to prohibit and prevent genetic discrimination, was given its first reading in the House of Commons. Originally introduced and recently passed in the Senate as a private Member’s bill, the...more

Uber Picks Up A Lawsuit

In a recently filed class action lawsuit, the plaintiffs allege Uber Technologies, Inc. (“Uber”) sent autodialed text messages to individuals after those individuals opted out of the messages by texting back “stop,” which,...more

FCC Approves Release of NPRM to Implement Government Debt TCPA Exemption

On May 4, 2016, the FCC issued a Notice of Proposed Rulemaking to exempt robocalls made to collect “a debt owed to or guaranteed by the United States” from the TCPA’s prior express consent requirement. The new rules will...more

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more

Mobile Apps – New Frontier of the Video Privacy Protection Act

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...more

FCC’s Proposed Regulations Would Gut TCPA Exception for Debts Owed to or Guaranteed by U.S.

The Bipartisan Budget Act of 2015 (Act) amended the Telephone Consumer Protection Act (TCPA) to remove the prior express consent requirement for calls ''made solely to collect a debt owed to or guaranteed by the United...more

Uber hit with class action case for sending political texts to customers

Uber Technologies, Inc. was hit with another class action lawsuit last week for allegedly violating the Telephone Consumer Protection Act (TCPA) when it sent text messages to its customers without prior written consent....more

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

Legal Challenge to FCC’s TCPA Omnibus Ruling Ready for Court Decision

The FCC’s July 2015 Omnibus Ruling ("the Ruling") interpreting certain provisions of the Telephone Consumer Protection Act (TCPA) has been widely denounced by business interests for its expansive interpretation of the...more

Turkish Parliament Enacts New Data Protection Law

In a step toward its accession to the EU, Turkey has enacted its first comprehensive Data Protection Law. The law was passed by the Turkish Parliament 24 March and published in the Official Gazette 7 April....more

Coalition of Ad Industry Orgs Asks for More Time to Review FCC Privacy Proposal

The Federal Communications Commission’s (FCC’s) privacy proposal targeting internet service providers is continuing to draw a strong response from the advertising industry. Recently, the FCC voted 3-2 to move forward with...more

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

Sixth Circuit Court of Appeals Affirms "Prior Express Consent" in Health Care Collections Case

Baisden v. Credit Adjustments, Inc., No. 15-3411, 2016 WL 561735 (6th Cir. Feb. 12, 2016) - The U.S. Court of Appeals for the Sixth Circuit held that two hospital patients consented to a debt collection agency's...more

An Overview of Turkey’s New Data Protection Law

After a decade of winding its way through the legislative process, Turkey’s new Data Protection Law entered into force on April 7. Although Turkey previously had a few sectoral data protection laws on the books, this is the...more

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

Summary Judgment Granted: Recruiting Text Not Telemarketing or Advertisement Under TCPA

A recent TCPA decision granting defendant’s motion for summary judgment presents interesting issues regarding the definitions of “advertisement” and “telemarketing” and the scope of consent. In Payton v. Kale Realty, LLC,...more

Divisive Broadband Privacy Proposal Clears Key Hurdle

Recently, the Federal Communications Commission (FCC) previewed new broadband privacy rules that would require internet service providers (ISPs) to obtain consumers’ express consent before collecting and sharing data...more

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory....more

Debt Collector for Affiliated Physician Group Can Rely on Patient Contact Consent Obtained by Hospital

Careful drafting of consent and information release provisions can ensure that providers and affiliated physicians and their debt collectors can contact patient cell phones using automatic telephone dialing systems or...more

TCPA Connect - March 2016

Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more

TCPA Update – FCC Reveals Key Points for Proposed Rules for “Robocalling” to Collect Federal Debt

Last November, in pushing through the Bipartisan Budget Act of 2015, Congress inserted minor amendments to the Telephone Consumer Protection Act (TCPA) to create a new exception to the TCPA’s prohibition on autodialed and...more

FCC Chairman Previews Proposed Regulations for Implementing New TCPA Exemptions

A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more

Five Steps to Boosting TCPA Compliance

The Telephone Consumer Protection Act (TCPA) continues to be a tool utilized by the plaintiffs' bar for class action litigation. But the Act is also being wielded in run-of-the-mill bankruptcy adversary proceedings as...more

Credit Adjustments, Inc. Defeats Putative TCPA Class Action

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more

Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt...

The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer...more

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