News & Analysis as of

Telephone Consumer Protection Act

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

TCPA Tracker - August 2017

by Kelley Drye & Warren LLP on

Recent News - FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls - On July 26, 2017, the FCC released the text of the Forfeiture Order adopted at the Commission’s July 2017...more

AD-ttorneys@law

by BakerHostetler on

Kirsten Kjaer Weis, a respected Danish makeup artist who is well known by her initials “KKW” and for her KW-branded “natural, organic, luxury” cosmetics and skin care line, filed a complaint in late July against the queen of...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

Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Redemption: foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale...more

FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip...more

August 2017 FCC Meeting Recap: FCC Rings Up Another Spoofing Robocaller, Proposing Over $82 Million in Fines

by Kelley Drye & Warren LLP on

As part of its August 2017 Open Meeting, the Federal Communications Commission (“FCC”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) proposing over $82 million in fines against Philip Roesel and the insurance...more

TCPA Survives Strict Scrutiny—Again. Here’s Why It Shouldn’t

by Dorsey & Whitney LLP on

Strict scrutiny just isn’t what it used to be. For the third time, a district court has applied strict scrutiny in analyzing the Telephone Consumer Protection Act (“TCPA”) and found that the statute restricts no more speech...more

Enforcement Action in Focus: FCC Imposes Potential Liability of Technology Platforms for Involvement in Unlawful Robocalls

by Kelley Drye & Warren LLP on

On July 26, 2017, the Federal Communications Commission (FCC or Commission) released the text of the Forfeiture Order adopted at the Commission’s July 2017 open meeting against Dialing Services, LLC for enabling unauthorized...more

Highlights From DRI Class Action Seminar 2017 – Day Two

Here are my highlights from the second day of DRI’s 2017 Class Action Seminar: Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells) - Neal Katyal is a leading Supreme Court advocate and is litigating...more

In E-Discovery, Writing a Program to Analyze Data Isn’t the Same as Producing New Data

by Zapproved LLC on

Meredith v. United Collection Bureau, Inc., No. 1:16 CV 1102, 2017 U.S. Dist. LEXIS 56783 (N.D. Ohio Apr. 13, 2017). In this proposed class action, the court granted the plaintiff’s motion to compel the production of data...more

AD-ttorneys@law

by BakerHostetler on

Sonny and Bobby Le, brothers from Anaheim California, caught the Federal Trade Commission’s attention with a series of websites (titled Infinity Trampolines, Happy Trampoline, and Trampoline Jumpers) through which they sold...more

What the Third Circuit’s Decision in Susinno Means for Spokeo-Based Standing Arguments in TCPA Cases

Telephone Consumer Protection Act (“TCPA”) plaintiffs often file putative class actions seeking potentially crippling statutory damages. Not surprisingly, TCPA defendants often seek an early dismissal based on Spokeo, Inc. v....more

Bebe Stores Settles TCPA Class Action

by Reed Smith on

Last month, women’s fashion retailer Bebe Stores, Inc. agreed to settle a proposed class action over purported violations of the Telephone Consumer Protection Act (“TCPA”), which alleged that the retailer sent unwanted spam...more

FCC Extends TCPA Liability to Technology Platform Provider

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Forfeiture Order (“Order”) imposing a nearly $2.9 million penalty against Dialing Services, LLC (“Dialing Services”) for making prerecorded voice calls to wireless...more

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

Financial Services Weekly News - July 2017 #3

by Goodwin on

Editor's Note - Going Strong to the Mic. The Office of the Comptroller of the Currency’s (OCC) proposed special purpose nondepository national bank charter for FinTech companies (FinTech Charter) has long been the source...more

Unsolicited Call Without Charge Held A Violation of TCPA

by Jackson Lewis P.C. on

Recently, the United States Court of Appeals was called upon to determine whether an unsolicited call that did not result in a charge to the consumer violated the Telephone Consumer Protection Act (“TCPA”) and, if it did, was...more

TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

Revocation of Consent Under TCPA: Not So Fast

In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...more

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...more

The Third Circuit Holds That A Single Prerecorded Call Counts As A Concrete Injury For Purposes Of Article III Standing

by King & Spalding on

On July 10, 2017, the U.S. Court of Appeals for the Third Circuit concluded that receiving a single prerecorded call constituted a concrete injury for the purposes of Article III standing....more

Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

by Hinshaw & Culbertson LLP on

In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under...more

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

by Carlton Fields on

On July 13, the FCC issued a second notice of inquiry, following its March 23 adoption of a notice of proposed rulemaking, aimed at protecting consumers from robocalls. The rulemaking proposes express authorization for...more

Revocation of Consent Under the TCPA

by BakerHostetler on

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from...more

1,125 Results
|
View per page
Page: of 45
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.