Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more
Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven of its sister Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in...more
On May 25, 2023, Gov. Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059, a state-law analog to the federal Telephone Consumer Protection Act (TCPA)....more
On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more
On Nov. 21, 2022, the Federal Communications Commission issued a declaratory ruling and order finding that “ringless voicemails” to wireless phones are “calls” made using an artificial or prerecorded voice. Such calls,...more
The 7th U.S. Circuit Court of Appeals recently served up a defense victory by ruling that defendants do not carry the burden of proof at class certification, even on issues where defendants would bear the burden on the...more
Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is...more
On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the...more
On Dec. 8, 2020, the U.S. Supreme Court heard long-awaited oral argument in Facebook v. Duguid on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA)....more
Did the U.S. Supreme Court ruling in Barr v. American Association of Political Consultants wipe out nearly five years of liability under the Telephone Consumer Protection Act (TCPA)? One district court answered yes. Does the...more
The meaning of “automatic telephone dialing system” (ATDS or “autodialer”) under the Telephone Consumer Protection Act (TCPA) has sharply divided courts, but businesses will soon have clarity. The U.S. Supreme Court on July...more
7/13/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
The U.S. Supreme Court on July 6, 2020, issued its long-awaited opinion in Barr v. American Association of Political Consultants, which addressed whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA)...more
7/8/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
The global pandemic has not prevented courts from addressing a host of controversial TCPA topics, starting with the biggest controversy of all: whether the Telephone Consumer Protection Act itself is unconstitutional. The...more
The COVID-19 pandemic has impacted nearly every facet of society in unpredictable ways, and the laws and regulations governing calls and text messages are no exception. The Federal Communications Commission (FCC) issued a...more
As additional appellate courts grapple with the TCPA’s definition of “automatic telephone dialing system” (ATDS), the split among the U.S. Circuit Courts of Appeals has become increasingly lopsided, with the 7th and 11th...more
Nearly two and a half years following the appeal of the Federal Communications Commission’s (FCC) July 2015 Order, the U.S. Court of Appeals for the District of Columbia issued a ruling on March 16, 2018. On appeal, over a...more
On Nov. 1, 2016, the Federal Trade Commission (FTC) issued a press release announcing that the FTC and the Department of Justice’s (DOJ’s) Antitrust Division are seeking public comment on proposed Antitrust Guidelines for...more
HSR Act Violation Costs Caledonia Investments $480,000 -
On August 10, 2016, a London-based investment trust company, Caledonia Investments plc, agreed to pay $480,000 in civil penalties to settle Federal Trade...more
On February 5, 2016, the Federal Trade Commission opposed McWane Inc.’s petition to the U.S. Supreme Court to review the 11th U.S. Circuit Court of Appeals’ affirmation of a November 2015 FTC opinion that McWane unlawfully...more
On October 6, the Federal Trade Commission (FTC) filed a complaint for civil penalties against investor Len Blavatnik for his failure to report voting shares that he acquired when he, via his company Access Industries,...more
On June 29, 2015, Sysco Corp. announced that it was pulling the plug on its $3.5 billion proposed merger with US Foods Inc. The news comes less than a week after a Washington, D.C., federal judge concluded that the Federal...more
7/3/2015
/ Anticompetitive Agreements ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
FTAIA ,
Hospitals ,
Mergers ,
Motorola ,
SCOTUS ,
Sysco ,
US Foods