News & Analysis as of

Telephone Consumer Protection Act › Statutory Penalties

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

FTSA Lawsuit Update

Klein Moynihan Turco LLP on

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

Eversheds Sutherland (US) LLP on

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act

Sheppard Mullin Richter & Hampton LLP on

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Sheppard Mullin Richter & Hampton LLP on

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Sheppard Mullin Richter & Hampton LLP

Third and Seventh Circuit Courts of Appeals Issue TCPA Decisions

Sheppard Mullin Richter & Hampton LLP on

The Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”), prohibits “robo-calls” to cell phones, text messages and “junk” faxes without prior consent. It imposes statutory penalties from $500 to $1,500 per...more

BakerHostetler

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

BakerHostetler on

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more

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