News & Analysis as of

Telephone Consumer Protection Act Spam

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  

U.S. Marketers:  Get Ready for Canada Anti-Spam Law (CASL) Lawsuits

by Klein Moynihan Turco LLP on

What is CASL? - CASL was passed into law on December 15, 2010, over the vigorous objection of marketers and business owners, and became effective on July 1, 2014. CASL can best be understood as a two-headed monster,...more

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

by Burr & Forman on

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

Van Patten V. Vertical Fitness Is No TCPA Killer

by Robins Kaplan LLP on

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

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

by Reed Smith on

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)....more

Everalbum's User Referral Program Compliant Under TCPA

Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The...more

FCC Adopts Declaratory Ruling On TCPA Regulations To Loosen Restrictions On Some Types of Robocalls

On June 18, 2015 the Federal Communications Commission (FCC) adopted a set of declaratory rulings related to robocalls and spam text messages under the Telephone Consumer Protection Act (TCPA). ...more

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want.

by Foley & Lardner LLP on

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection...more

District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent

by Carlton Fields on

A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more

Sixth Circuit Affirms Class Certification in TCPA Case

by Carlton Fields on

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products...more

What is an “Automatic Telephone Dialing System” under the TCPA?

Many, if not most, Telephone Consumer Protection Act (TCPA) cases hinge on whether the defendant’s alleged conduct involved an automatic telephone dialing system (ATDS). Under 47 U.S.C. § 227, an ATDS is defined as “equipment...more

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court...more

Thank You Commissioner O'Rielly - FCC Acknowledgment of TCPA Confusion is Long Overdue

by Davis Wright Tremaine LLP on

But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome - FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more

TCPA Connect - Feb 19, 2014

District Court Finds Consent a Valid Defense to TCPA Claims, Even When Customer Had Provided Phone Number Ten Years Before Autodialed Call - The issue of prior consent, and when and if such consent was provided by a...more

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

by K&L Gates LLP on

The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

by BakerHostetler on

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

Are Your Robocalls Legal? Following Federal Law May Not Be Enough

by McDermott Will & Emery on

Last week’s Seventh Circuit ruling in Patriotic Veterans v. State of Indiana confirms that businesses should check both federal and state laws before using automatic dialing systems (ATDS) to deliver prerecorded or synthetic...more

Will Recent Auto-Dialer Decisions Help Rein In TCPA Litigation?

by K&L Gates LLP on

Have recent judicial decisions brought much needed sanity to the discussion of what constitutes an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”)? The short answer is:...more

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

by Burr & Forman on

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more

FCC Seeks Comment on Petitions to Mitigate Impact of New Robocall Rules

by Davis Wright Tremaine LLP on

The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more

California State Court Makes Short Shrift of TCPA Case Alleging Unlawful Use of an Autodialer

by Reed Smith on

Complying with the TCPA just keeps getting more and more challenging, even as the risk of noncompliance continues to rise; but, FCC, take note: if you don’t provide unambiguous guidance soon regarding what constitutes an...more

Telemarketing: HIPAA Can Reverse the Charges Under the TCPA

by BakerHostetler on

The Telephone Consumer Protection Act (TCPA) generally limits automatically dialed and prerecorded telemarketing calls to wireless and residential phones. In the past, healthcare providers and other "advertisers" could rely...more

Advertising Law -- Oct 18, 2013

Introducing TCPA Connect - On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more

Caller beware: Written consent now required for automated telemarketing calls!

by McAfee & Taft on

The Federal Communications Commission (FCC) recently enacted new regulations enforcing the Telephone Consumer Protection Act (TCPA). These new regulations, which go into effect October 16, 2013, significantly change the legal...more

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