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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

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...

Dorsey & Whitney LLP on

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

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

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

Morrison & Foerster LLP - Social Media

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business...

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

Proskauer - New Media & Technology

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages...more

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