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.  
News & Analysis as of

Your Daily Dose of Financial News

Eric Mindich—famous for becoming the youngest-ever Goldman partner at 29—is shuttering his Eton Park Capital Management hedge fund and returning the $7 billion it manages to investors. Viewed along with Pershing Square’s...more

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at *1 (C.D. Cal. Jan. 19, 2017), the district court granted the defendant’s motion to dismiss a TCPA class action, finding that the simple...more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

Two New Texas Supreme Court Decisions

Two especially interesting decisions were released last Friday by the Texas Supreme Court. In Engelman Irrigation District v. Shields Brothers, Inc., the Court affirmed the ruling of the Thirteenth Court of Appeals...more

Consumer Financial Services Newsletter - March 2017

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt...more

Financial Services Report - Spring 2017

EDITOR’S NOTE - In like a lion, out like a lamb—it works for weather; does it work for new administrations? We’ll have to wait and see. We’ll have to wait and see about the length of CFPB Director Richard Cordray’s...more

TCPA FCC Petitions Tracker

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

Industry Hits Back Against the Plaintiffs’ Bar’s Effort to Eviscerate TCPA Consent Rulings

1992 was an interesting year. Ross Perot ran for president. Crystal Pepsi was all the rage. And the FCC handed down a ruling on the then-nascent TCPA interpreting what it means to provide “express consent” to receive...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

TCPA Lawyers Take Note: New Proposed Caller ID Rules

The Federal Communications Commission (“FCC”) recently issued a Notice of Proposed Rulemaking and Notice of Inquiry involving the Telephone Consumer Protection Act (“TCPA”). The proposed rules would institute new caller ID...more

A Closer Look at Pai’s Dissent in the 2015 TCPA Declaratory Ruling

With the D.C. Circuit still considering the appeal of the FCC’s 2015 TCPA Declaratory Ruling and Order, Chairman Pai is limited (for now at least) in what he can do to pursue his vision of the TCPA. Nevertheless, with a...more

Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed...

A District Court in the Southern District of California recently cut loose a student loan creditor entangled in a Telephone Consumer Protection Act (TCPA) lawsuit, finding the defendant was not vicariously liable for the...more

FCC Proposes Answers to Unwanted Calls

Robocalls and telemarketing calls are reliably the top source of consumer complaints received by the FCC. Despite the good intentions of the 1991 Telephone Consumer Protection Act (TCPA), FCC decisions implementing the TCPA,...more

The 2017 Carlton Fields Class Action Survey

The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Financial Services Weekly News - March 2017

Editor's Note - In This Issue. The New York Department of Financial Services issued its highly anticipated cybersecurity regulation in its final form, the Securities and Exchange Commission (SEC) issued updated guidance...more

Medical Supply Company Hires TCPA Attorney to Handle Class Action Suit

On Monday, March 1, 2017, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois, alleging that a Brooklyn-based wholesale medical supply company violated the Telephone...more

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

Financial Services 2016 Year-End Report

Welcome to the 2016 Year-End Report from BakerHostetler’s Financial Services Industry Team. We are pleased to share our analysis of some of the key legal developments in the financial services industry in the past year and...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Your Daily Dose of Financial News

A review of the Fed minutes released yesterday shows the willingness of some Fed Governors to start rate raising again sooner rather than later....more

Van Patten V. Vertical Fitness Is No TCPA Killer

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Ninth Circuit to Decide Key TCPA Insurance Issue

The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of...more

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