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BCLP

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

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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

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

White and Williams LLP

DC Circuit Court Rejects FCC’s Expansive Definition of ATDS in Long-Awaited TCPA Decision

On March 16, 2018, the US Court of Appeals for the District of Columbia Circuit released its much anticipated ruling in ACA International, et al., v. Federal Communications Commission rejecting the expansive definition of...more

Eversheds Sutherland (US) LLP

Frequently asked questions about the DC Circuit’s ACA International decision

Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International. TCPA R.I.P.? - No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more

Jones Day

Back to the Statute: D.C. Circuit Levels the TCPA Playing Field

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In a much-anticipated decision, the U.S. Court of Appeals for the District of Columbia Circuit has set aside the Federal Communications Commission's 2015 Declaratory Ruling, which broadly interpreted the Telephone Consumer...more

BCLP

D.C. Circuit Rejects FCC’s TCPA Interpretation

BCLP on

On March 16, 2018, the D.C. Circuit issued its long-awaited opinion on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) interpreting various sections of the Telephone Consumer Collection Practices Act (“TCPA”). Of...more

Jackson Lewis P.C.

Federal Communications Commission Order On Telephone Calls Went Too Far, D.C. Circuit Court Rules

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The U.S. Court of Appeals for the District of Columbia has issued a highly anticipated ruling reviewing the Federal Communications Commission’s July 2015 Declaratory Ruling and Order interpreting the Telephone Consumer...more

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

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Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Vedder Price

ACA v. FCC Close to a Slam Dunk for TCPA Defendants

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Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more

Smith Debnam Narron Drake Saintsing & Myers,...

D.C. Circuit’s Ruling May Provide Some Potential Relief for the Consumer Financial Services Industry

The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018). The ruling invalidates the FCC’s definition...more

McCarter & English, LLP

Expansiveness of TCPA Limited by ACA’s Win in FCC Lawsuit

On March 16, 2018, the United States Court of Appeals, in a 3-0 decision, sided with ACC International in its challenge to the Federal Communications Commission’s (“FCC’s”) July 10, 2015, Omnibus Order (“Order”), through...more

Eversheds Sutherland (US) LLP

Call connected: DC Circuit finally weighs in, rejects significant parts of the Federal Communications Commission’s 2015 TCPA order

In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more

Dorsey & Whitney LLP

D.C. Circuit Holds that FCC’s Interpretation of the Term “Capacity” is Invalid Because It Makes Nearly Every American a...

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The D.C. Circuit has rejected the FCC’s “impermissibly expansive” interpretation of what constitutes an Automatic Telephone Dialing System (“ATDS”) under the TCPA. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535...more

Davis Wright Tremaine LLP

D.C. Circuit Rules on FCC’s 2015 TCPA Omnibus Order: A Mixed Bag

On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone...more

Locke Lord LLP

D.C. Circuit Strikes Down Key Components of FCC’s 2015 Interpretation of the TCPA

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In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more

Kelley Drye & Warren LLP

TCPA Tracker-Decision Summary-March 2018

TCPA Reset? D.C. Circuit Rules Against FCC On Autodialer Definition and Treatment of Reassigned Wireless Numbers On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision reviewing...more

WilmerHale

D.C. Circuit Invalidates Portion of FCC's 2015 Declaratory Ruling & Order Implementing the TCPA

WilmerHale on

On March 16, 2018, the D.C. Circuit issued its long-awaited ruling in ACA International, et al. v. FCC, et al., No. 15-1211, resolving a series of challenges to the July 10 2015 Declaratory Ruling & Order of the Federal...more

Goodwin

D.C. Circuit Issues Long-Awaited Decision in ACA Challenge to FCC TCPA Rulemaking

Goodwin on

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the FCC’s 2015 Telephone Consumer Protection Act (TCPA)...more

Dorsey & Whitney LLP

D.C. Circuit Dooms “Idiosyncratic” or “Imaginative” TCPA Revocation Efforts While Blessing Contractual Revocation Provisions in...

Dorsey & Whitney LLP on

Nearly a year-and-a-half after oral argument on the ACA International v. FCC petition for review of the Federal Communications Commission’s (“FCC” or “Commission”) 2015 Omnibus Order (or “Omnibus”), the D.C. Circuit Court of...more

Ballard Spahr LLP

DC Circuit Hears TCPA Oral Arguments

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Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Burr & Forman

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

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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

Buchalter

Avoiding the Costly “Robo No-No”

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The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

Burr & Forman

Framing the Issues on Appeal in DC Circuit’s Review of the FCC’s Aggressive TCPA Order

Burr & Forman on

The Federal Communications Commission (FCC) disappointed many with its July 1, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits, amongst other things, using an automated...more

K&L Gates LLP

Health Care Entities Get Clarity from FCC on Telephone Communications

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The health care industry is in the midst of rapid change as governments fight rising health care costs, providers look to comply with myriad new regulations, and technology continues to take a more prominent role in the...more

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