News & Analysis as of

Telephone Consumer Protection Act › Verizon

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

First Circuit Concludes that Hybrid Cellular-VoIP Telephone Numbers Are Subject to TCPA

Womble Bond Dickinson on

The Court of Appeals for the First Circuit reversed a summary judgment granted in favor of Verizon, by concluding that a “hybrid” telephone number using both VoIP and voice wireless services must be considered “assigned to a…...more

Benesch

TCPA Compliance Curveball: First Circuit Holds That Landline Phone May Be Treated As A Cell Phone For TCPA Purposes

Benesch on

In doing so, the First Circuit both expanded the scope of TCPA liability while simultaneously making compliance virtually impossible for callers. Cellular services and VOIP - The ATDS prohibition of the TCPA regulates...more

Womble Bond Dickinson

Now I Get It!: Using the FCC’s Order Keeping Text Messages as “Information Services” to Better Understand the Communications Act

Womble Bond Dickinson on

Little known fact: the TCPA is just a tiny little part of something much bigger and more complex called the Communications Act of 1934, as amended by Telecom Act of 1996 (which the FCC loves to just call the “Communications...more

Eversheds Sutherland (US) LLP

The future is calling: “Voice over Internet Protocol” and the TCPA

Eversheds Sutherland (US) LLP on

One of the many criticisms of the Telephone Consumer Protection Act (TCPA), enacted in 1991, is that it has not kept pace with developments in communications technology. Instead, the Federal Communications Commission (FCC),...more

Manatt, Phelps & Phillips, LLP

Verizon Wins Summary Judgment in VoIP Calls Case

Manatt, Phelps & Phillips, LLP on

A federal district judge in Massachusetts issued a summary judgment ruling in favor of Verizon in a putative TCPA class action that promises to fan the flames in the growing debate over TCPA liability for calls made to...more

Morrison & Foerster LLP - Class Dismissed

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

Morrison & Foerster LLP - Class Dismissed on

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more

Burr & Forman

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

Burr & Forman on

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

Kelley Drye & Warren LLP

Wireless Telecommunications Bureau Seeks Comment on Twilio Petition Requesting Classification of Messaging Services Under Title...

Kelley Drye & Warren LLP on

On October 13, 2015, the Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (FCC or the Commission) issued a Public Notice seeking comment on a Petition for Expedited Declaratory Ruling...more

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