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BakerHostetler

AD-ttorneys@law - July 2023

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It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more

Rivkin Radler LLP

OIG Issues Favorable Opinion for Providing Free Smartphones to Patients to Promote Telehealth Services

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The increased use of telehealth services is a trend that is expected to continue long after the COVID-19 pandemic ends. In keeping with this trend, the U.S. Department of Health and Human Services’ Office of Inspector General...more

Mintz - Health Care Viewpoints

OIG Issues Favorable Opinion on Federally Qualified Health Center’s Smartphone Loan Program

On April 27, 2022, the Office of Inspector General (OIG) for the Department of Health and Human Services issued Advisory Opinion No. 22-08 (AO 22-08), which addresses an existing arrangement of a federally qualified health...more

Fox Rothschild LLP

In the Balance: Justices Weigh Canceling The Multi-Billion Dollar TCPA Boondoggle

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“At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas Nearly 3 decades before Zack Morris ascended to the fictional governorship of California, he was America’s...more

BCLP

FCC Urged to Take Action on Litigation-Fueling Autodialer Issue Under TCPA

BCLP on

Retailer groups, including the National Retail Foundation, the U.S. Chamber of Commerce, and the Restaurant Law Center, are part of a coalition urging the Federal Communications Commission to clarify what constitutes an...more

Jones Day

Eleventh Circuit Reins in TCPA Liability

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The Situation: The Telephone Consumer Protection Act ("TCPA") prohibits unconsented calls or texts made "using an automatic telephone dialing system" ("ATDS"), defined as "equipment which has the capacity—(1) to store or...more

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

Eversheds Sutherland (US) LLP

Nobody knows what an autodialer is under the Telephone Consumer Protection Act – and that’s a problem

More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing system” (ATDS or autodialer)...more

Allen Matkins

Tensions Over Huawei Escalate With Commerce Department Trade Restrictions

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The Federal Communications Commission (FCC) is working quickly to facilitate the deployment of fifth-generation (5G) wireless infrastructure, as formalized in the agency’s 5G Fast Plan (“Facilitate America’s Superiority in 5G...more

Womble Bond Dickinson

Tracking Your Every Move: Investigation Finds Telecom Giants Sold Customer GPS Data

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Who can track your location through your smartphone? The phone companies have the ability to do so, and until recently, have been selling your location data to private companies so that bounty hunters and creditors could...more

Mintz

TCPA Regulatory Update – November 2018

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Deploy Call Authentication Technology by 2019 or Else, FCC Tells Voice Providers - In letters sent to voice providers large and small by Chairman Pai on November 5 and 6, the Federal Communications Commission (“FCC”)...more

Womble Bond Dickinson

TCPAland Disaster In the Making!: New Bi-Partisan TRACED Act Hopes to Put the TCPA On Steroids to Stop Robocalls– Here’s Why...

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I make a point to never post on the weekends. But this is a huge deal. And although it is a beautiful autumn afternoon outside, we need to talk TCPAland. Congress just proposed a bill to attack robocalls by leveraging the...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Womble Bond Dickinson

Swinging for the Fences: Consumer-Side TCPA Comments Urge the FCC to Adopt the Ninth Circuit’s Definition of an ATDS and Expand...

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I just finished reading through most of the big consumer-side comments from notable Plaintiff’s lawyers, and consumer protection organizations. News flash: they all agree that the FCC should adopt the Marks interpretation of...more

Womble Bond Dickinson

Encore Capital Rages Against the TCPA Machine, Noble Corp. Educates, PACE Elucidates in New FCC Comments (TCPAland Comment Review...

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Well yesterday was the deadline for supplemental comments on the FCC’s big TCPA Public Notice. So today I begin the process of reading and digesting these things and reporting to all of you - I have just reviewed these in...more

Womble Bond Dickinson

Taking it to the Banc: Marks Defendant Files Petition for Rehearing En Banc Before the Ninth Circuit Court of Appeals

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In Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018), the Ninth Circuit gave us a new definition of an automatic telephone dialing system. Crunch argues that in expanding the definition...more

Womble Bond Dickinson

“Potential” TCPA Disaster: Does Marks Re-Introduce the Phantom of Potential Capacity to the TCPA’s ATDS Definition?

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As we get near Halloween, how about a quick tale of a phantom lurking in our halls? Amidst all of the hubbub surrounding the big Marks opinion a couple weeks back–including the FCC’s decision to re-open the comment period...more

Vedder Price

TCPA Alert – What’s that Crunch-ing sound? Reason being destroyed in the Ninth Circuit

Vedder Price on

Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

Fenwick & West LLP on

In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more

Womble Bond Dickinson

Prognosticating Post Marks: Will Courts in Other Jurisdictions Follow in the 9th Circuit’s Footsteps on the Definition of an ATDS...

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We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Creates Split Of Authority as to TCPA’s Scope

• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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OMB official Kathleen Kraninger is likely to face serious questions as she takes to the Hill today to begin confirmation hearings for her surprise nomination to lead the Consumer Financial Protection Bureau. Why? Her lack of...more

Womble Bond Dickinson

Yahoo!: Third Circuit Court of Appeal Holds Random or Sequential Number Generation Is Needed–Rejects Hansen/Snyder Expert Reports–...

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Photo by Pixabay on Pexels.com I won’t bury the lead here–in the Third Circuit a dialer that calls from a list of numbers “individually and manually inputted into its system by a user” is not an ATDS unless it has the present...more

Womble Bond Dickinson

Two Texts are Apparently Enough to Allege ATDS Use as Courts Continue to Struggle with Pleading Standard in TCPA Text Cases

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On June 7, 2018, a Florida district court held that Plaintiff’s putative class action allegations that Defendant twice texted his cell phone number without consent using an ATDS was sufficient to state a claim under the TCPA...more

Womble Bond Dickinson

EPIC sends epic message, NADA Delivers a Whole Lotta and Quicken and CTIA Underscore Urgency in TCPA Comments to FCC

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Greetings, TCPAlanders! I am the Earl of TCPAland. It is my pleasure to meet you all via the interwebs. Below, I bestow upon thee my learned thoughts on four more comments to FCC Docket 18-152. Buckle in, here we go!...more

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