On September 21, 2020, the FCC’s Consumer and Governmental Affairs Bureau issued a Declaratory Ruling resolving a petition that sought confirmation that in instances in which an advertiser is “stripped of [its] ability to...more
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
Written by David Carter On Friday, May 1, 2020, the FCC released an Order adopting new rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), which calls for...more
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
It is a busy TCPA news day! The United States Supreme Court has released its decision in PDR Networks, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action. The decision is available for download...more
6/21/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
Written by Artin Betpera and David Carter The FCC has adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. The new rules give carriers the option of opting consumers in by...more
6/10/2019
/ Call Blocking ,
Declaratory Rulings ,
Disclosure Requirements ,
Do Not Call List ,
Emergency Alerts ,
FCC ,
New Rules ,
Opt-Outs ,
Public Safety ,
TCPA ,
Telecommunications
Recall that, a couple months ago, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action proceeding, setting the stage for what we...more
3/28/2019
/ Carlton & Harris Chiropractic Inc v PDR Network LLC ,
Chevron Deference ,
Consent ,
Corporate Counsel ,
Due Process ,
FCC ,
Hobbs Act ,
Opt-Outs ,
SCOTUS ,
TCPA ,
Trial Court Orders ,
Unsolicited Faxes
On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more