News & Analysis as of

Robocalling

Second Circuit Rejects TCPA Lawsuit Holding Plaintiff’s Consent to Receive Calls Was Irrevocable

by King & Spalding on

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated or prerecorded calls to cellular phones, absent the recipient’s express consent. Although other courts and the Federal Communications Commission...more

Reyes v. Lincoln Automotive Financial Services: Second Circuit Rules that TCPA Does Not Permit Revocation When Consent is Provided...

by Locke Lord LLP on

In Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv, 2017 WL 2675363 (2d Cir. June 22, 2017), the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be...more

June 2017 FCC Meeting Recap: FCC Proposes $120 Million Fine for Alleged “Spoofed Robocall Campaign”

by Kelley Drye & Warren LLP on

On June 22, 2017, the Federal Communications Commission (FCC or Commission) issued a first-of-its-kind Notice of Apparent Liability (NAL) alleging that Adrian Abramovich, through numerous companies that he owned or operated,...more

Court Rules Against Dish Network In Multi-State Lawsuit

by Roetzel & Andress on

On June 5, 2017, the United States District Court for the Central District of Illinois issued a ruling in a lawsuit filed against Dish Network, LLC (3:09-CV-03073). The plaintiffs in the lawsuit were the United States (on...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

A&B Insurance Settles TCPA Class Action for $4.25 Million

Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior...more

FTC and Florida AG Agree to Nearly $5 Million Settlement With Defendants Pitching “Worthless” Credit Card Interest Rate Reductions

by Goodwin on

On June 5, 2017, the Federal Trade Commission (FTC) announced that a federal district court had entered its eighth order against the remaining defendants in an illegal robocall ring in which defendants promised to help...more

National Pharmacy Avoids TCPA Claim for Flu Shot Robocall under Health Care Rule Exemption

by Hinshaw & Culbertson LLP on

A judge in the Southern District of New York recently held that an automated, pre-recorded message sent on behalf of Rite Aid informing recipients to obtain a flu vaccine shot was exempted from the Telephone Consumer...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

TCPA Connect - June 2017

Would-Be Employer Targeted in New TCPA Suit - Could employers be the next target for Telephone Consumer Protection Act class actions? - Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more

Guest Post: District Court Rejects Vicarious Liability Claims under the TCPA

A Michigan district court recently weighed in on the availability of vicarious liability for violations of the Telephone Consumer Protection Act (the “TCPA”). In Kern v. VIP Travel Servs., the plaintiffs received several...more

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

by Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Goldman Sachs’ recent purchase of $2.8 billion in Venezuelan bonds has been kicking around the headlines for a few days now. Here’s what’s at stake for the country and the bank....more

TCPA Class Action Tossed out After Hospital Provides Records Indicating Consent

Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld...more

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

by Carlton Fields on

A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

Monthly TCPA Digest - May 2017

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

TCPA Update: FCC Seeks Guidance on Proposed Robocall-Blocking Rule

Under new Chairman Ajit Pai’s leadership, the Federal Communications Commission (the “Commission”) is taking its first steps toward reforming its rules interpreting the Telephone Consumer Protection Act (“TCPA”). On...more

Class Action Quarterly Update - Winter 2017

Telephone Consumer Protection Act (“TCPA”) cases have continued to dominate class action filings over the past quarter. Second in volume to TCPA cases are those alleging claims of false advertising. These cases are heavily...more

Deadlines Set for Robocall NPRM

by Kelley Drye & Warren LLP on

On Wednesday, May 17, 2017, the Federal Communications Commission (FCC or the Commission) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) which aims to develop rules and solutions to reduce the number...more

D.C. District Court Upholds FTC Staff’s Decision To Reverse Course On Soundboard Telemarketing Technology

Not all automated voices are created the same. At least that is what the FTC staff had signaled to the telemarketing industry in a September 2009 opinion letter stating that telemarketing calls using “Soundboard” technology...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

FTC Extension of Robocalling Rules Is Approved By Federal Court

by Reed Smith on

Last week, a D.C. District Court declined to find the Federal Trade Commission’s decision to extend robocalling restrictions to telemarketing calls that use “soundboard” technology unconstitutional or in violation of any...more

Advertising Law - May 2017

Trust for TRUSTe’s COPPA Changes? FTC Seeks Comment - Changes may be coming to TRUSTe’s safe harbor program under the Children’s Online Privacy Protection (COPPA) Rule, and the Federal Trade Commission is seeking public...more

Federal court upholds FTC opinion applying TSR robocall consent requirement to calls made using soundboard technology

by Ballard Spahr LLP on

A D.C. federal district court has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology are subject to the...more

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Cybersecurity

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