News & Analysis as of

Prior Express Consent Primary Jurisdiction Doctrine

Womble Bond Dickinson

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More...

Womble Bond Dickinson on

2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down--predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the...more

Womble Bond Dickinson

A little TCPA “HELP”: Court Holds Responding to HELP Message Does not Create TCPA Liability– But Suggests Use of a Short Code...

Womble Bond Dickinson on

Another day another patchwork ATDS decision here in TCPAland. But this latest case has an interesting wrinkle– can a text message responding to a “help” request from a consumer be sent even if the original text prompting the...more

Womble Bond Dickinson

TCPA ATDS Scorecard: A Mid-Summers’ Deep Dive into the Shifting ATDS Landscape post ACA Int’l

Womble Bond Dickinson on

Over the last few weeks we have written numerous articles assessing Telephone Consumer Protection Act (“TCPA”) cases addressing the scope of the statute’s definition of automated telephone dialing systems (“ATDs”) as the...more

Womble Bond Dickinson

The Saga Continues: Fourth Post-ACA Int’l Case on ATDS Functionality Holds FCC’s 2003 Ruling “Still Stands”

Womble Bond Dickinson on

The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now...more

Womble Bond Dickinson

Stay with me now: Why the Primary Jurisdiction Doctrine is a TCPA Defendant’s New Best Friend

Womble Bond Dickinson on

The TCPA has been in more-or-less constant upheaval since July, 2015. The events of the last two weeks in TCPAland have been relentless and breathtaking in their immediate and potential significance. Chief among these...more

Burr & Forman

Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

Burr & Forman on

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more

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