The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more
On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more
2/5/2025
/ Appeals ,
Consent ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Reform ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On December 18, 2024, the United States Court of Appeals for the Eleventh Circuit heard oral argument in Insurance Marketing Coalition Limited v. Federal Communications Commission, et al., a crucial case challenging the...more
On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more
11/30/2023
/ Compliance ,
Consent ,
FCC ,
Lead Generators ,
Marketing ,
Proposed Rules ,
Retailers ,
Robocalling ,
TCPA ,
Text Messages ,
Third-Party Service Provider
When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say.
Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more
On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking...more
4/12/2023
/ Comment Period ,
Consent ,
FCC ,
Final Rules ,
Lead Generators ,
Mobile Devices ,
NPRM ,
Prior Express Consent ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Wireless Internet Service Providers
Just because the number of TCPA and FDCPA claims is falling (for now) is not necessarily a guarantee that the quality of remaining cases is any better, as evidenced by the Western District of Wisconsin’s recent decision in...more
Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more
2/25/2021
/ Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Corporate Fines ,
Do Not Call List ,
FCC ,
Marketing ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Voicemail
The Federal Communications Commission (“FCC”) seeks comment on the Petition for Expedited Declaratory Ruling Regarding the Application of 47 U.S.C. § 227(b)(1) of the Telephone Consumer Protection Act (“Petition”) filed by...more
The Telephone Consumer Protection Act (TCPA) provides a (deceptively?) simple definition of an Automatic Telephone Dialing System (ATDS):
The term “automatic telephone dialing system” means equipment which has the capacit...more
Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more
The dust was finally settling. District and Circuit courts around the country were rejecting the Ninth Circuit’s overly broad interpretation of the definition of an automatic telephone dialing system (“ATDS”) under the...more
The Telephone Consumer Protection Act case law interpreting the definition of an “automatic telephone dialing system” (“ATDS”) is changing under plaintiffs’ feet and coalescing against the definition set forth in Marks v....more
On January 28, 2020, the Eleventh Circuit Court of Appeals dealt a body-blow to serial TCPA scammers and everyone else who has disingenuously argued over the past decade that any type of “automated” dialing equipment is...more
Ringless Voicemail (“RVM”), also known as direct-to-voicemail, is a growing telecommunications technology that allows telemarketers and businesses to “drop” voicemails directly into a consumer’s telephone voicemail. To do so,...more
Yesterday morning, the Supreme Court issued its decision in PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc. At issue was whether a TCPA-defendant in a civil case may contest the Federal Communications...more
In Snow v. GE, No. 5:18-CV-511-FL, 2019 U.S. Dist. LEXIS 99760 (E.D.N.C. June 14, 2019), a North Carolina federal court dismissed a TCPA claim on the grounds that dialing equipment must possess a random or sequential number...more
In June, the Federal Communications Commission (“FCC”) proposed imposing a $2.86 million fine against HobbyKing, a seller of “first-person view” navigation devices for unmanned aircraft systems (“UASs”). We previously...more
The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). The integration of UASs into the national airspace continues to be an area...more
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the...more
In Glauser v. GroupMe, Inc., the Northern District California granted summary judgment in favor of GroupMe, Inc. (“GroupMe”) in a putative class action alleging that GroupMe sent text messages via an automatic telephone...more
Amanda Balschmiter’s boyfriend, Victor Loshek, purchased a car with a loan that was serviced by TD Auto Finance LLC (“TDAF”), and subsequently defaulted on the loan. Balschmiter, on Loshek’s behalf, began making calls on her...more
In Marks v. Crunch San Diego, LLC, No. 14-cv-00348 (S.D. Cal. Oct. 23, 2014), the Southern District California granted summary judgment in favor of Crunch San Diego, LLC (“Crunch”) in a putative class action alleging that...more
In Small v. Target Corp., No. 13-cv-01509 (D. Minn. Oct. 8, 2014), the District Court recently denied preliminary approval of a class action settlement due to concerns regarding the use of a “reverter” provision in the...more