Telephone Consumer Protection Act Cell Phones

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

US Federal Communications Commission’s Recent Order Expands Potential Liability under the Telephone Consumer Protection Act for...

“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent...more

Strong Dissents in the FCC’s New TCPA Order

On July 10, 2015, the Federal Communications Commission (FCC) released its TCPA Omnibus Declaratory Ruling and Order. We wrote about this order on June 29, previewing the FCC’s focus on consumers’ ability to opt out of...more

TCPA News: Businesses May be Liable to New Owners of Previously-Opted-In Mobile Numbers

On July 10, 2015, the Federal Communications Commission issued a 138-page Declaratory Ruling and Order approving nearly two dozen proposals to the rules and regulations implementing the Telephone Consumer Protection Act...more

The Telephone Consumer Protection Act – FCC Approves New Rules

John met Susan in a bar. Enamored, he later asked her friend Mary for Susan's telephone number. The next day John called Susan on his iPhone to ask her out on a date. Sadly, John did not get the girl. Instead, he got sued by...more

Call (Un)Answered (the Second Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In some of its most comprehensive guidance published in years, resolving more than 20 petitions requesting clarification of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) on July 10...more

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the...more

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this comprehensive tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in...more

FCC’s TCPA “Fact Sheet” Provides Little Hope for Relief Sought by Businesses

For several years, numerous businesses and industry groups have petitioned the Federal Communications Commission (“FCC”) to provide clarity to the Commission’s prior interpretations of the Telephone Consumer Protection Act...more

Court Clarifies Free Offers and Dual Purpose Calls

A recent decision from the Southern District of Alabama provides more clarity as to the treatment of “dual purpose” telephone calls to wireless numbers that offer free goods and services. The Federal Communications Commission...more

Federal Court Denies Certification, Declines To Infer A Lack of Consent From A Lack Of Documentary Evidence Of Consent

The Middle District of Florida recently denied class certification because the plaintiff failed to prove that consent (or more to the point, an alleged lack of consent) could be established on a classwide basis. In doing so,...more

Diversified Consultants, Inc. Successfully Strikes Fail-Safe Class Definitions In Putative TCPA Class Action

Kenneth Boyer filed a putative class action against Diversified Consultants, Inc. (“DCI”) and LiveVox, Inc., in the United States District Court, Eastern District of Michigan, alleging that DCI, through LiveVox, initiated...more

Jury awards plaintiff $12,000 for Dish Network’s TCPA violations

On April 2, 2015, Ohio U.S. Magistrate Judge Stephanie K. Bowman ruled for the plaintiff, Benjamin Maraan, in his Telephone Consumer Protection Act (TCPA) case against Dish Network LLC (Dish). Maraan was awarded $12,000 for...more

The TCPA: Basics, Targeted Industries, and Trends [Video]

The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing...more

Walgreen Settles Prescription Robocall Suit for $11 million

Walgreen Co. this week settled a putative class action law suit alleging that it violated the Telephone Consumer Protection Act (TCPA) for $11 million. The plaintiffs alleged that Walgreen violated TCPA when it placed...more

‘Primary User’ of Cell Phone Number Can Sue under TCPA, Florida Federal Court Holds

The "primary user" of a cell phone line has standing to sue under the Telephone Consumer Protection Act (TCPA), even when another party is the actual subscriber to the service, a federal court in Florida has ruled. The case...more

TCPA Connect - March 2015

California TCPA Suit Moves Forward - A putative class action alleging violations of the Telephone Consumer Protection Act by Bebe Stores will move forward after a California federal court judge denied defendant’s...more

Advertisements Invite Calls: FCC Seeks Comments on Request to Find Automated Calls Consensual When Recipient Advertised Number

The Federal Communications Commission (FCC) seeks comment on a petition asking that the FCC clarify the scope of “prior express consent” under the Telephone Consumer Protection Act (TCPA). Specifically, Citizens Bank asks the...more

New State Laws Enacted to Address Marketing Calls and Texts to Cellular Numbers

People want relevant information at their fingertips. This commonly means obtaining information through mobile devices by several methods, including telephone calls, text messages, in-app messages, and push notifications....more

How to Stop Robo-Debt Collection Calls to Your Cell Phone

The phone rings…long pause…click…then automated voice comes on to give you a message. Whether it is a telemarketer, a debt collector, or who knows what, we have likely experienced being robo-called by a computerized system....more

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending advertisements to consumers’ cell phones. With large-scale litigation...more

FCC Is “allergic to brevity and clarity” With Respect To The TCPA, District Court Concludes

Amanda Balschmiter’s boyfriend, Victor Loshek, purchased a car with a loan that was serviced by TD Auto Finance LLC (“TDAF”), and subsequently defaulted on the loan. Balschmiter, on Loshek’s behalf, began making calls on her...more

Refill Reminders and the TCPA

The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several...more

Florida Federal Court Grants Rule 12(b)(6) Motion For Failure To Satisfy Twombly/Iqbal Pleading Standard In TCPA Case

In a TCPA action involving allegedly unsolicited cellular telephone calls made using an automated telephone dialing system (“ATDS”), the Middle District of Florida ruled that plaintiff had merely recited the elements for a...more

Thanks Obama (For America)! Single Defendant’s Offer Of Judgment Does Not Moot Claim Seeking Relief from Multiple Defendants

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in...more

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