TCPA | JD Supra Law News

Client Alert: FCC TCPA Declaratory Ruling

by Paul Besozzi, Monica S. Desai, Deborah Lodge | Patton Boggs LLP on 5/22/2013

A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone...more

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

by Jim DeGraw, David McIntosh, Doug Meal, Mark Szpak | Ropes & Gray LLP on 5/20/2013

The Federal Communications Commission (“FCC”) recently declared that sellers of products and services can be held vicariously liable for actions of third-party telemarketers that violate the Telephone Consumer Protection Act...more

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

by Joshua Threadcraft | Burr & Forman on 5/14/2013

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

Florida Judge Rejects Long Standing, Accepted Definition of Express Consent Under Telephone Consumer Protection Act

by Michael Lueder | Foley & Lardner LLP on 5/13/2013

On May 8, 2013 Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission longstanding definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room...more

Advertising News & Analysis - May 9, 2013

by Allyson Baker, Edward Boyle, Suzanne Fay Garwood, Jeffrey D. Knowles, Randall Miller, Amy Ralph Mudge, Jonathan L. Pompan, Michael Rivera | Venable LLP on 5/13/2013

In this issue: - Product Demonstrations Deliver Reward…and Risk - Sometimes the Claim is in the Eye of the Beholder - Viacom v. YouTube Decision Maintains DMCA Safe Harbor for Video Site - TCPA...more

Manually Dialed Telephone Calls May Violate TCPA

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 5/10/2013

The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin...more

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

by Joshua Threadcraft | Burr & Forman on 5/7/2013

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

Redial Unsuccessful - TCPA Claims Still Unavailable in New York

by Edward Boyle, Emilio W. Cividanes, Thomas Gilbertsen, Michael Hartmere, Stuart P. Ingis | Venable LLP on 5/6/2013

Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising...more

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

by Joshua Threadcraft | Burr & Forman on 4/25/2013

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

by Joshua Threadcraft | Burr & Forman on 4/24/2013

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

by Joshua Threadcraft | Burr & Forman on 4/22/2013

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

Advertising Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/18/2013

In This Issue: No Rest for the NAD, As it Decides Multiple Mattress Disputes; Fur Sure? Retailers Make Faux Faux Fur Claims; Got Settlement? Muscle Milk Suit Settles for $5.3 Million; TCPA Class Actions Prohibited in New...more

Business News Digest – April 2013

by Michael Baader, Jamie Barnett, Andrew Bigart, Amanda C. Blunt, Edward Boyle, Gregory Braker, Robert Burton, Emilio W. Cividanes, John F. Cooney, Krista Coons, Ashley Craig, Daniel Danello, more +Robert P. Davis, Paul Debolt, Douglas Emhoff, Lisa Jose Fales, Matthew R. Farley, Kathryn Floyd, Thomas Gilbertsen, Nancy Grunberg, Michael Hartmere, J. Scott Hommer, Stuart P. Ingis, Jay Johnson, Jonathan King, Mitchell Kolkin, George Kostolampros, Dismas Locaria, Elizabeth Lowe, Melissa McLaughlin, Lindsay B. Meyer, Parker B. Morrill, Jonathan L. Pompan, Hillary Profita, Matthew R. Rabinowitz, Megan Roberts-Satinsky, Anthony Rosso, Martin Saad, Sejal Shah, Raymond Shepherd, Eric R. Smith, Robert Smith, Margaret Strand, Joeann Walker, Ariel S. Wolf, Jason Wool, Brian Zimmet | Venable LLP on 4/15/2013

In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more

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Telephone Consumer Protection Act

Client Alert: FCC TCPA Declaratory Ruling

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

Florida Judge Rejects Long Standing, Accepted Definition of Express Consent Under Telephone Consumer Protection Act

Advertising News & Analysis - May 9, 2013

Manually Dialed Telephone Calls May Violate TCPA

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

Redial Unsuccessful - TCPA Claims Still Unavailable in New York

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

Advertising Law -- Apr 18, 2013

Business News Digest – April 2013

Advertising News & Analysis - March 28, 2013

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Telemarketers Dial Quickly - TCPA Class Action Dismissed For Now

A Busy Day of Civil Arguments at the Illinois Supreme Court

Advertising Law -- Mar 08, 2013

Is the FTC Opening a New Front in the War on Commercial Texting?

New Jersey District Court Certifies Interlocutory Appeal Of Whether State Law Prohibits Maintenance Of TCPA Class Action

Washington Federal Court Holds Standard Business Practices Insufficient To Support Arbitration Claim

Illinois District Court Rejects Attempt To Dismiss TCPA Claims Asserting Calls Were Guise Of Political Survey

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy

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