News & Analysis as of

Unsolicited Phone Calls

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

by Fenwick & West LLP on

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

“Do As I Say, Not As I Do”: A Business Specialising in Blocking Unsolicited Marketing Calls is Fined for Making Unsolicited...

by Reed Smith on

It is difficult to miss the irony of the ICO’s first-awarded fine for nuisance calls since taking over the Telephone Preference Service (TPS), as reported in our earlier blog in December. IT Protect Ltd., a Bognor Regis...more

Dialing for Dollars Yields Conviction for Home Health Telemarketer

by BakerHostetler on

Sundae Williams, the owner of Serenity Marketing Inc., made unsolicited phone calls to recruit patients, including Medicare beneficiaries, for contracted home health agencies. Williams and Serenity then referred those...more

Modernize TCPA, ACA International Urges in White Paper

by Ballard Spahr LLP on

In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more

Call Centers Feel the Sting of Enforcement Action Under the National Do Not Call List

by Bennett Jones LLP on

No one likes unsolicited telephone calls. In response to the nuisance of such calls the Government has set up a National Do No Call list and a regulatory regime managed by the Canadian Radio-television and Telecommunications...more

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

Mortgage company pays $7.4 million to settle TCPA violations

Mortgage Investors Corp. (MIC) settled a class action this week for $7.4 million for its alleged violations of the Telephone Consumer Protection Act (TCPA) in an Oregon federal court. Plaintiffs stated in their complaint that...more

Abercrombie & Hollister to pay out $10 million to settle TCPA class action

On September 11, 2015, Abercrombie & Fitch Co. (Abercrombie) and Hollister Co. (Hollister) agreed to settle a class action complaint alleging that the two clothing retailers violated the Telephone Consumer Protection Act...more

Clarification on the TCPA’s Exemption for Health Care-Related Calls

by Reed Smith on

The Declaratory Ruling and Order issued by the Federal Communications Commission (“FCC”) July 10, 2015, clarified several sections of the Telephone Consumer Protection Act (“TCPA”), including addressing a petition filed by...more

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

by Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

FCC Sheds New Light on TCPA’s Exemption for Healthcare-Related Calls

by Reed Smith on

As we have previously reported, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Order”) on July 10, 2015, clarifying several sections of the Telephone Consumer Protection Act (“TCPA”) and...more

Big win for telemarketers: Courts rule that consumers consented to calls and texts by providing number to the companies

On August 21, 2015, the 11th Circuit upheld the dismissal of a class action against DCI Biologicals, Inc. (DCI) for its alleged violations of the Telephone Consumer Protection Act (TCPA). DCI is a blood plasma collection...more

Cyberclaim Coverage Denied: The TCPA Protects Privacy, Not Personally Identifiable Information

by Carlton Fields on

In Doctors Direct Ins., Inc. v. Beaute’ E’mergente, LLC, No. 1-14-2919 (Ill. App. Ct. June 22, 2015), an Illinois state appellate court recently affirmed that a medical malpractice liability insurer did not owe a duty to...more

The Telephone Consumer Protection Act – FCC Approves New Rules

by Baker Donelson on

John met Susan in a bar. Enamored, he later asked her friend Mary for Susan's telephone number. The next day John called Susan on his iPhone to ask her out on a date. Sadly, John did not get the girl. Instead, he got sued by...more

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

by Davis Wright Tremaine LLP on

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

FCC Releases Order Clarifying TCPA

by McDermott Will & Emery on

Last Friday, July 10, 2015, the Federal Communications Commission (FCC) released Declaratory Ruling and Order 15-72 (“Order 15-72”) to address more than 20 requests for clarity on FCC interpretations of the Telephone Consumer...more

A Message From the Eighth Circuit Regarding the TCPA

by Carlton Fields on

The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit...more

The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies [Video]

by Carlton Fields on

In Part One of our complimentary, two-part webinar on the TCPA, we covered the basics. Join us for the second hour-long segment, as we get into the weeds of the TCPA. Part Two will cover: Exemptions/Details · What is an...more

Thanks Obama (For America)! Single Defendant’s Offer Of Judgment Does Not Moot Claim Seeking Relief from Multiple Defendants

by Benesch on

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in...more

For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

Illinois District Court Rejects Attempt To Dismiss TCPA Claims Asserting Calls Were Guise Of Political Survey

by Burr & Forman on

Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell...more

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