Robocalling

News & Analysis as of

California Court Strikes Fail-Safe TCPA Class Definition

Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more

No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on...more

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

FCC and Federal Debt Collectors, More Restrictions under TCPA

In July we wrote about the exemption for robocalls made by the federal government (or its contractors) from the restrictions of the Telephone Consumer Protection Act (TCPA). Now, the Federal Communications Commission (FCC)...more

Financial Services Weekly News - August 2016 #3

Editor's Note - MetLife Fights On. MetLife continued to fight its designation as a nonbank systemically important financial institution (SIFI) this week as the insurer filed its reply brief in the Financial Stability...more

Illinois District Court Dismisses TCPA Claim Because Calls Were Not Unwanted or Unwelcome

Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more

FCC Continues Crusade to Curb Robocalls

The FCC’s high-profile efforts with regard to the Telephone Consumer Protection Act (TCPA) continue. In addition to two controversial orders released in the last two weeks, the FCC is pushing the telecommunications industry...more

Dismissal of TCPA Claims for Lack of Standing Does Not Mandate Remand to the State Court

After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff...more

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) - Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop...more

FCC Allows for Greater Use of Robo-Calls By School Districts

The Federal Communication Commission (FCC) has issued a ruling that clarifies the application of the Telecommunications Consumer Protection Act (TCPA) to schools to allow automated calls and texts to parents in the case of...more

Where’s the (TCPA) Harm in That?

Following the U.S. Supreme Court’s ruling in Spokeo v. Robins that plaintiffs must allege a concrete and particularized injury to meet Article III standing requirements, federal district courts across the country are...more

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

FCC Adds New Wrinkle to Collection of Federally Backed Debts

Federal Communications Commission announced new rules on Thursday that imposes limitations on private collection agencies and servicers seeking to collect on behalf of federal debts. While the TCPA places limitations around...more

FCC Issues Declaratory Ruling that School Districts May Make “Robocalls” Without Violating Telephone Consumer Protection Act

The Federal Communications Commission (“FCC”) recently issued a declaratory ruling confirming “that school callers may lawfully make robocalls and send automated texts to student family wireless phones pursuant to an...more

The FCC’s 2016 BBA Implementing Ruling Digested (Volume I): The 10 Things You NEED to Know Before Making Calls to Collect on...

On August 11, 2016 the FCC issued its long-awaited ruling implementing the 2016 Bi-Partison Balanced Budget Act (“BBA”) Amendment that carved out collection calls on government-backed debt from TCPA coverage. In re Rules &...more

FCC Outlines Exemptions from the TCPA for Schools and Utilities

On Thursday, Aug. 4, the FCC granted organizations representing schools and utilities significant relief from liability under the Telephone Consumer Protection Act—a law that subjects callers to substantial penalties if they...more

California Court Dismisses TCPA Claim For Lack of Standing

Romero v. Department Stores National Bank, 15-cv-193-CAB-MDD (S.D. Cal. Aug. 5, 2016) - On the eve of trial, the Court dismissed Plaintiff’s claims for lack of standing relying on the Supreme Court case of Spokeo v....more

Missed Calls Don’t Cut It: Injury in Fact is Required for Each Call and Must Be Traceable to the Use of an ATDS

In the latest dismissal of a TCPA case for lack of Article III standing, a District Court in California held that a plaintiff does not suffer an injury in fact from calls she did not hear, calls she heard but did not answer,...more

The FCC Clarifies Prior Express Consent Under the TCPA for Calls to Utility Company Customers

The Telephone Consumer Protection Act (“TCPA”) applies in many circumstances when companies use an automatic telephone dialing system (or “autodialer”) and/or pre-recorded messages to call consumers. In those situations where...more

FCC Exempts Schools and Utilities from TCPA for Emergencies

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to...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

Power Play: Energy Utilities Score Big as FCC Approves Use of Robocalls and Texts Under the TCPA; Schools Get an Assist

Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more

FCC OKs Certain Informational Calling and Texts by Schools and Utilities to Wireless Phones under TCPA

The FCC recently released a Declaratory Ruling with new clarifications for schools and utilities on autodialed calls and texts and pre-recorded/artificial voice calling under the Telephone Consumer Protection Act ("TCPA") for...more

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

Federal Judge: Arkansas Law Prohibiting Political Robocalls is Unconstitutional

A federal judge in the U.S. District for the Eastern District of Arkansas recently held that an Arkansas state law prohibiting political robocalls is unconstitutional. Under the Arkansas Code, - It is unlawful for...more

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