On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more
In early 2021, the United States Supreme Court issued its ruling in Facebook v. Duguid, 141 S. Ct. 1163 (2021), which significantly narrowed the definition of an automatic telephone dialing system (ATDS or auto-dialer) under...more
On April 1, 2021, the US Supreme Court issued its long-awaited landmark ruling in Facebook v. Duguid, resolving a Circuit Court split on the definition of an automatic telephone dialing system (ATDS) under the Telephone...more
Supreme Court leaves TCPA intact; strikes down exception for government debt collection -
The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more
3/26/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Caller ID Services ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
SCOTUS ,
Spoofing ,
TCPA
Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more
2/12/2020
/ ATDS ,
Auto-Dialed Calls ,
Cannabis-Related Businesses (CRBs) ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Energy Sector ,
FCC ,
Hobbs Act ,
Insurance Industry ,
Marketing ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Reassigned Phone Numbers ,
Safe Harbors ,
Split of Authority ,
Standing ,
Statute of Limitations ,
Statutory Authority ,
TCPA ,
Text Messages ,
TRACED Act ,
Utilities Sector
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more
1/30/2020
/ Appeals ,
Article III ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Facebook ,
FCC ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Safe Harbors ,
Smartphones ,
Standing ,
TCPA ,
TRACED Act
More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing system” (ATDS or autodialer)...more
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more
On October 3, the Federal Communications Commission (FCC) instituted a brief, immediate, supplemental comment period as it seeks to resolve an issue at the heart of thousands of lawsuits filed under the Telephone Consumer...more
Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International.
TCPA R.I.P.? -
No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more
4/5/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA