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Telephone Consumer Protection Act › Willful Violations

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

FCC’s Novel TCPA Enforcement Action Targets Arbitrage Schemes

Wiley Rein LLP on

At its July Open Commission meeting, the Federal Communications Commission’s (FCC or Commission) voted to approve a Notice of Apparent Liability for Forfeiture (NAL) against Thomas Dorsher, ChariTel Inc, OnTel Inc, and...more

Proskauer - Advertising Law

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

Proskauer - Advertising Law on

Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Womble Bond Dickinson

Cruise Line Sails into Sea of TCPA Liability from Vendor’s Use of Soundboard Tech

Womble Bond Dickinson on

New communications technologies are being adopted at a rapid pace by industry.  This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA.  One such question, which has seen...more

Nelson Mullins Riley & Scarborough LLP

Deterrence for One and All—Caller Avoids Trebling of $925 Million TCPA Verdict

Nelson Mullins Riley & Scarborough LLP on

In Wakefield v. ViSalus, Inc., Case No. 3:15-cv-1857-SI, 2019 U.S. Dist. LEXIS 104862 (D. Ore. June 24, 2019), the court decided that the $925 million verdict against defendant ViSalus should not be trebled because the...more

Ballard Spahr LLP

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

Ballard Spahr LLP on

The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Carlton Fields

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

Ballard Spahr LLP

Plaintiff Must Show Defendant’s Knowledge of TCPA Violation To Get Treble Damages, 11th Circuit Rules

Ballard Spahr LLP on

The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more

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