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

Currently Pending FCC Petitions in TCPA Matters

With the TCPA dockets remaining active going into 2016, we decided to put together a list of notable petitions pending at the FCC. The following list provides details on most petitions that the FCC has yet to rule on,...more

TCPA Connect - April 2016

Podium P.O.V.: Observations From Marc Roth on PACE's Annual Convention - I recently had the privilege of speaking at the Professional Association for Customer Engagement annual convention in Orlando. As in prior years,...more

TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules

The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more

Class Action TCPA Case Dismissed Because Calls Were Made Solely To Collect a Debt Owed To Or Guaranteed By The United States

The Pennsylvania Higher Education Assistance Agency autodialed student debtor, Neil Silver, in January 2014 in an effort to collect on student debt. Silver claimed that these calls were made without his consent, and therefore...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

What’s My Line? The FCC Seeks Comment on a Petition Seeking a Definition of “Residential Line”

On March 31, 2016, the FCC released a public notice (“Public Notice”) seeking comment on a petition for declaratory ruling filed by Todd C. Bank (“Petition”), an attorney who maintains a home-based law practice. As Bank’s...more

Florida District Court Holds Calling System Sufficiently Configured to Avoid TCPA Liability

As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more

Home Field Advantage Continues for Tech Companies in Silicon Valley: Facebook Wins Big TCPA Victory on its Home Turf

In the latest example of a Silicon Valley court bending over backward to keep the TCPA’s grimy little paws off an emerging tech company, Facebook won a huge victory on the automatic telephone dialing system (“ATDS”) front...more

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory....more

Robocall Roulette: Federal Court Hands Significant Victory to TCPA Defendants

Businesses and organizations staring down lawsuits brought under the Telephone Consumer Protection Act (TCPA) have received welcome news from the federal courts. In a decision with significant implications, a Florida district...more

Debt Collector for Affiliated Physician Group Can Rely on Patient Contact Consent Obtained by Hospital

Careful drafting of consent and information release provisions can ensure that providers and affiliated physicians and their debt collectors can contact patient cell phones using automatic telephone dialing systems or...more

TCPA Connect - March 2016

Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more

Tippecanoe and the TCPA, Too, Two

Following up on our March 9 reminder, and just in time for Super Tuesday II, the Federal Communications Commission’s Enforcement Bureau issued an Enforcement Advisory on March 14 titled, “Biennial Reminder for Political...more

Federal Court Schools Plaintiff on Limits of TCPA

The Middle District of Florida recently entered summary judgment in favor of a school board, reasoning that it is not a “person” that is subject to suit under the TCPA. See Lambert v. Seminole Cty. Sch. Bd., No. 15-0078 (M.D....more

TCPA Update – FCC Reveals Key Points for Proposed Rules for “Robocalling” to Collect Federal Debt

Last November, in pushing through the Bipartisan Budget Act of 2015, Congress inserted minor amendments to the Telephone Consumer Protection Act (TCPA) to create a new exception to the TCPA’s prohibition on autodialed and...more

FCC Chairman Previews Proposed Regulations for Implementing New TCPA Exemptions

A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more

Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer

Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This...more

Electronic marketing’s Internet twist: Use e-mail, not faxes or texts

The name of the CAN-SPAM Act scares some people. They think it severely regulates, or maybe even prohibits, e-mail marketing. In a somewhat surprising twist of Internet law, however, e-mail marketing is less heavily regulated...more

Tippecanoe and the TCPA Too

With election season under way, it bears repeating that candidates for office are not immune from the restrictions imposed by the TCPA. As the FCC’s Enforcement Bureau explained in an advisory that we discussed previously...more

Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt...

The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer...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

Federal Court Rules that Terms & Conditions can Provide Express Consent to Receiving Text Messages Under Telephone Consumer...

The issue of consent is a critical issue in cases alleging violations of the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits making any call using any “automatic telephone dialing system” to “any...more

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

Briefing In The Consolidated Appeal From The July 10, 2015 Declaratory Ruling and Order Is Complete

On Wednesday the Joint Petitioners and the FCC filed their final briefs in the consolidated appeal from the FCC’s July 10, 2015 Declaratory Ruling and Order, which is pending in the United States Court of Appeals for the D.C....more

The Robocalls and Class Actions Continue as FCC’s Omnibus TCPA Ruling Fails to Slow Surge of Lawsuits

In the face of ongoing uncertainty regarding permissible uses of modern telephone equipment under the TCPA, lawsuits and important precedents continue to pile up. The Telephone Consumer Protection Act of 1991 (TCPA),...more

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