Telephone Consumer Protection Act The United States Federal Communications Commission

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

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

TCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer

To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or...more

Eleventh Circuit Hears Oral Argument in Landmark TCPA Case

Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more

The FCC’s declaratory ruling re TCPA vicarious liability – one year later, trends and takeaways

A year ago, we reported on the FCC’s Declaratory Ruling that addressed the issue of whether parties who did not actually place telemarketing robocalls could be either directly or vicariously liable for calls made on their...more

TCPA Hot Issues: Is the Scope of Consent Unlimited?

What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more

FCC Letter Brief Suggests That Faxes and Phone Calls are Different for Purposes of Direct Liability Under the TCPA

At the invitation of the Eleventh Circuit Court of Appeals, the FCC recently filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.). The letter brief took the position that defendants...more

For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

In The New Landscape of TCPA Litigation, No Industry Is Safe

In recent years, the number of private actions filed under the Telephone Consumer Protection Act (the “TCPA” or the “Act”) has risen sharply, but perhaps more concerning is that litigants are using the Act to target an...more

Sixth Circuit Prints Out Victory for Recipients of Fax-Blasting

An unsolicited fax comes into your business, but via your computer’s network, not on an old-fashioned fax machine. Nothing prints out on paper, but someone still has to deal with the unwanted advertisement. What’s been...more

Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the...more

Court Rejects Broad Definition of ‘Autodialer’ Under TCPA

The United States District Court for the Southern District of Florida recently addressed a critical threshold issue in cases brought under the Telephone Consumer Protection Act arising out of text messages or calls to...more

FCC Seeks Comment on Petitions Concerning the FCC’s Rule on Opt-Out Notices for Fax Advertisements

On July 25, 2014, the FCC issued a Public Notice seeking comment on five petitions, filed by American Caresource Holdings, Inc. (“ACH”), CARFAX, Inc.(“CARFAX”), UnitedHealth Group, Inc. (“UnitedHealth”), MedLearning, Inc. and...more

TCPA Reform Gains Congressional Support

Industry efforts to persuade the Federal Communications Commission (FCC) to clarify its rules under the Telephone Consumer Protection Act (TCPA) recently received support from a group of 15 members of the U.S. House of...more

Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against...

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone...more

D. Mass. Grants Summary Judgment to Plaintiff, Finds Predictive Dialer to be an ATDS

The District of Massachusetts recently entered summary judgment in favor of a plaintiff after deferring to FCC statements that purport to expand the definition of an automated telephone dialing system (“ATDS”) to include...more

FCC Clarifies TCPA Consent Standard for Collection Calls to Cell Phones

The Federal Communications Commission (FCC) recently clarified its view on when someone has provided “prior express consent” to receive prerecorded or autodialed collection calls to his or her cell phone as required by the...more

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more

Call Me Maybe?: The New TCPA Position Announced by The Federal Communications Commission in Nigro v. Mercantile Adjustment Bureau

As federal courts continue to grapple with the explosion of litigation brought by plaintiffs under the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) is increasingly being called...more

Federal Court Finds That TCPA Plaintiff Consented To Debt Collection Calls by Providing Phone Number On Hospital Admission Form

On June 25, Judge Michael Anello of the Southern District of California granted summary judgment in favor of defendant Sharp Healthcare (“Sharp”) in Hudson v. Sharp Healthcare, 13cv1807-MMA, a purported class action alleging...more

Eleventh Circuit Rejects “Intended Recipient” Interpretation of TCPA’s “Called Party” Language

The Eleventh Circuit recently ruled that the TCPA’s prohibition on prerecorded calling applies to wireless numbers that have been reassigned from a consenting subscriber to a new, presumably nonconsenting one, regardless of...more

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

And You Thought Your Teenager’s Cell Phone Bill Was High…NFL Team’s Texts Cost $3 Million

Fans everywhere like to complain about their team’s picks in the NFL draft. Maybe their team drafted a quarterback instead of a cornerback, or maybe it fell for that highly overrated prospect. Most such complaints stay safely...more

Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to...

The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers. The...more

FCC Proposes Nearly $3M TCPA Fine Against "Robocalling" Platform for 184 Calls

The Federal Communications Commission (FCC) issued a Notice of Apparent Liability (NAL) to Dialing Services LLC, finding the company apparently liable for 184 prerecorded calls to cell phones in violation of the Telephone...more

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