News & Analysis as of

Telephone Consumer Protection Act Unsolicited Faxes

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

“Junk Fax” Case Determined Not To Make Junk Law, Strengthens Post-Spokeo Standing and Rule 67 Mootness Arguments

by Dorsey & Whitney LLP on

In a world pushed forward by new technology, it’s a “junk fax” case that advances two case dispositive TCPA defense bar arguments: (1) a plaintiff lacks Article III standing post-Spokeo unless there is a sufficient...more

TCPA Connect - June 2017

Would-Be Employer Targeted in New TCPA Suit - Could employers be the next target for Telephone Consumer Protection Act class actions? - Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more

Offer of Judgment Fails to Defeat TCPA Fax Class Action

by Klein Moynihan Turco LLP on

On May 8, 2017, the United States District Court for the Southern District of New York issued a ruling rejecting Educational Testing Service’s (“ETS”) attempt to moot a class action brought pursuant to the Telephone Consumer...more

TCPA Tracker-May 2017

by Kelley Drye & Warren LLP on

Recent News - Class Action Plaintiffs Seek En Banc Review of D.C. Circuit Fax Advertisement Decision - On April 28, 2017, the class action plaintiff petitioners in Bais Yaakov of Spring Valley et.al. v. FCC (No....more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

Advertising Law - April 2017 #4

Massachusetts AG Fences off Geofencing Ad Campaign - In what appears to be the first time a consumer protection law was used to object to a company engaging in GPS-based ad targeting, Copley Advertising settled with...more

Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

by Klein Moynihan Turco LLP on

A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois. The plaintiff seeks to represent a nationwide class of persons and entities who...more

D.C. Circuit Strikes Down FCC Opt-Out Notice Requirement for “Solicited” Fax Ads

Takeaway: The D.C. Circuit recently dismantled a claim commonly asserted under the TCPA’s Junk Fax Prevention Act of 2005, by rejecting the FCC’s rule that fax advertisers violate the TCPA by not including compliant “opt-out”...more

Wells Fargo Resolves TCPA Class Action

by Klein Moynihan Turco LLP on

Last week, Wells Fargo Bank, N.A. (“Wells Fargo”) successfully resolved a “junk fax” Telephone Consumer Protection Act (“TCPA”) class action with an accepted offer of judgment that satisfied both the named plaintiff and the...more

D.C. Circuit v. FCC – More Pushback to Come?

by Ifrah PLLC on

Over the past several years, the Federal Communications Commission (“FCC”) took an expansive view of its rules under the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA bars certain calls, texts and faxes without...more

D.C. Circuit: TCPA Does Not Empower FCC to Mandate Opt-Out Notices in Solicited Faxes

by Goodwin on

On March 31, 2017, the D.C. Circuit held in Bais Yaakov of Spring Valley v. FCC that, based on a plain reading of the TCPA, the FCC does not have the authority to mandate that senders of solicited fax advertisements include...more

DC Circuit Invalidates FCC Fax Rule Effectively Closing the Door to TCPA Class Actions Based on Alleged Violations

by SmithAmundsen LLC on

The D.C. Circuit Court of Appeals held that the Federal Communications Commission (“Commission”) overstepped its authority in 2006 when it implemented the Solicited Fax Rule, which requires all fax advertisements — even those...more

ISO Marketing Ensnares Sponsor Bank in Litigation: The Importance of Third-Party Compliance Monitoring

A recent federal court decision highlights the need for financial institutions and payments companies to implement strong compliance programs that include third party policies, procedures, and audits. In the case, the...more

D.C. Circuit Holds that FCC Lacks Authority to Require Opt-Out Notices for Solicited Faxes, Vacates FCC Order

by K&L Gates LLP on

The U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 split decision, has issued an opinion that the Federal Communications Commission (the “FCC”) lacked authority under the Telephone Consumer Protection...more

D.C. Circuit Strikes FCC’s Rule Requiring Opt-Out Notice on Solicited Faxes

by McGuireWoods LLP on

On March 31, the U.S. Court of Appeals for the D.C. Circuit struck down a Federal Communications Commission (FCC) rule requiring that solicited fax advertisements contain a notice on how to opt out of future faxes. Following...more

DC Circuit Strikes Down TCPA Fax Rule

by Klein Moynihan Turco LLP on

Last week, the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) struck down a Federal Communications Commission (“FCC”) rule promulgated under the Telephone Consumer Protection Act...more

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

D.C. Circuit May Have Finally Killed TCPA Class Actions Over Solicited Faxes Without Opt-Out Notices!

by BakerHostetler on

On Friday, in a split decision, the United States Court of Appeals for the District of Columbia Circuit entered its long-awaited ruling in Yaakov v. Federal Communications Commission, holding that “the FCC’s 2006 Solicited...more

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

by Reed Smith on

On Friday, in a decision certain to please the business community as well as the Chair and new majority of the Federal Communications Committee, the D.C. Circuit struck down parts of the FCC’s October 30, 2014 Order, 29...more

D.C. Circuit Strikes Down TCPA Fax Opt-Out Requirement

by Bass, Berry & Sims PLC on

Last week, the D.C. Circuit overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the...more

Opting Out: TCPA Fax Opt-Out Requirement Struck Down—D.C. Circuit Says FCC Can’t Require Opt-Out Notices on Solicited Faxes

The US Court of Appeals for the D.C. Circuit invalidated a rule issued by the Federal Communications Commission (FCC) in 2006 requiring businesses to include opt-out notices when the recipient has consented to receive the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Eric Mindich—famous for becoming the youngest-ever Goldman partner at 29—is shuttering his Eton Park Capital Management hedge fund and returning the $7 billion it manages to investors. Viewed along with Pershing Square’s...more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

Medical Supply Company Hires TCPA Attorney to Handle Class Action Suit

by Klein Moynihan Turco LLP on

On Monday, March 1, 2017, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois, alleging that a Brooklyn-based wholesale medical supply company violated the Telephone...more

The TCPA and Risk of “Sabotage Liability”

Takeaway: The Telephone Consumer Protection Act (“TCPA”) broadly defines the “sender” of a facsimile advertisement to include any entity “whose goods or services are advertised.” On its face, this language creates risk of...more

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