Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J. Markey (D-Mass.), a member of...more
In a potentially game-changing decision, the Supreme Court today unanimously agreed that the TCPA’s definition of autodialer is narrow. Writing for the Court, Justice Sotomayor determined that “Congress’ definition of an...more
4/7/2021
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Split of Authority ,
TCPA ,
TRACED Act
Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it. Instead, the Court struck down a narrow exception to the TCPA, known as the...more
7/7/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Petition for Writ of Certiorari ,
SCOTUS ,
Severability Doctrine ,
Solicitor General ,
Strict Scrutiny Standard ,
TCPA
The FCC’s proceedings regarding the definition of the term “automatic telephone dialing system” have been pending since May of 2018 when, shortly after the D.C. Circuit’s opinion in ACA International v. FCC, the Commission...more
6/29/2020
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
p2p ,
Peer-to-Peer ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
In a decision released today, a three judge panel of the Seventh Circuit unanimously joined the growing list of courts to confirm that the “capacity to generate random or sequential numbers is necessary to the statutory...more
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
1/29/2020
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Debt Collection ,
Do Not Call List ,
FCC ,
Jurisdiction ,
Predictive Coding ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Willful Violations
The Senate has voted to adopt the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S 151), with modifications that were negotiated between the House and Senate. The House adopted the legislation...more
12/20/2019
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
Legislative Agendas ,
Pending Legislation ,
Robocalling ,
Statute of Limitations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
The House Energy and Commerce Committee is poised to consider a revised version of Chairman Pallone’s (D-NJ) “Stopping Bad Robocalls Act.” The revised bill was introduced this morning and consideration of the legislation by...more