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.  
News & Analysis as of

Sutherland Wins Dismissal of TCPA Fax Case: Applying Spokeo, Court Finds Plaintiff Incurred No Actual Harm

On July 5, in Sartin v. EKF Diagnostics, Inc., No. 16-1816, 2016 WL 3598297 (E.D. La. July 5, 2016), the U.S. District Court for the Eastern District of Louisiana granted Defendant’s Rule 12(b)(1) motion to dismiss because...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

Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the...more

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties

On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a...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

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

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

Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class

The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying...more

Florida State Court Holds Pizzerias Liable Under TCPA for Third-Party Fax Blasts

Based on the Eleventh Circuit's 2015 decision in Sarris v. Palm Beach Golf Ctr. Boca, Inc, a Florida state appellate court has held that using a third-party company to send unauthorized fax ads will not protect the company...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

Pharmacy settles TCPA class action for $15 million for unsolicited fax ads

PharMerica settled a Telephone Consumer Protection Act (TCPA) class action initiated by a group of nursing homes over allegations that the pharmacy inundated the nursing homes with unsolicited fax advertisements in violation...more

Illinois Supreme Court Clarifies Rules Around “Picking-Off” Named Plaintiffs in Putative Class Actions

The Illinois Supreme Court issued an opinion earlier today clarifying the level of detail plaintiffs must include in a motion for class certification in order to avoid dismissal of claims as moot based on a defendant’s tender...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

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

Too Little, Too Late: Eleventh Circuit Rejects Multiple Bites At The Apple For Class Claims

Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines...more

Consumer Bankers Association, Chamber of Commerce Join Legal Challenge to FCC Ruling Tightening TCPA Call Restrictions

The Consumer Bankers Association (CBA) and the United States Chamber of Commerce have joined the legal challenge to the Federal Communications Commission (FCC)'s July declaratory ruling and order ("FCC Ruling") responding to...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

E-faxes regulated in the same way as conventional faxes under the TCPA

The Federal Communications Commission (FCC) announced on August 28, 2015, that “e-faxes” are considered the same as conventional faxes when it comes to consumer protections and violations of the Telephone Consumer Protection...more

More Challenges to the FCC’S TCPA Declaratory Rulings and E-Faxes Covered Under the TCPA

The FCC’s pro-consumer July 10, 2015 Declaratory Ruling and Order creates new and increased TCPA compliance and litigation challenges for businesses. ACA International previously filed a lawsuit seeking judicial review of the...more

Efaxers Beware! FCC Finds Efaxes Subject to Consumer Protections of TCPA and JFPA

The Federal Communications Commission (“FCC” or “Commission”) has released a declaratory ruling holding that a type of fax that contains unsolicited advertisements – an “efax” – is subject to the consumer protections of the...more

Offers of Judgment in Class Actions: First Circuit Suggests Sending a Bank Check

There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more

FCC Grants Requests for Retroactive Waiver of Fax Opt-Out Notice Requirements Under the TCPA

On August 28, 2015, the Consumer and Governmental Affairs Bureau, acting under the authority of the Federal Communications Commission (FCC), issued an order granting over 100 petitioner requests for retroactive waiver of the...more

First Circuit Weighs In On Rule 68 Mootness Issue

In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

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