Latest Posts › TCPA

Share:

Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead... [Video]

New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text...more

Ninth Circuit rules text messages not “prerecorded voice messages” under TCPA

A unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that text messages are not “prerecorded voice messages” for purposes of the Telephone Consumer Protection Act’s (TCPA) prohibition on using “an...more

Ninth Circuit panel follows circuit precedent on TCPA autodialer definition but concurring judge takes issue with precedent

A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer Protection Act (TCPA) by...more

FCC rules ringless voicemails are subject to TCPA robocall prohibition

The Federal Communications Commission ruled this month that “ringless voicemail” to wireless phones is a “call” made using an artificial or prerecorded voice and therefore subject to the Telephone Consumer Protection Act...more

11/29/2022  /  FCC , Robocalling , TCPA , Voicemail

Ninth Circuit puts new limits on aggregate statutory awards following remand of nearly $1 billion TCPA judgment

In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) was constitutional in...more

Eleventh Circuit holds TCPA does not permit unilateral revocation of contractual consent

The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive...more

Eighth Circuit Rules Against Telemarketing Company on TCPA Claim, Yet Declares $1.6 Billion in Statutory Damages Unconstitutional

The U.S. Court of Appeals for the Eighth Circuit found that unwanted, prerecorded phone messages to consumers, even without any other alleged harm, met the injury-in-fact requirement for Article III standing to bring a...more

SCOTUS Punts on Whether FCC's TCPA Interpretations Bind District Courts

In November 2018, the U.S. Supreme Court had granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., to decide whether the Hobbs Act required the district court to accept the Federal Communications...more

Ninth Circuit Reaffirms Its Broad Definition of ATDS in TCPA ; Rules Government Debt Exception Unconstitutional

A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Duguid v. Facebook, Inc., has reaffirmed the broad reading of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic...more

Ninth Circuit Case on TCPA Autodialer Definition Settles: What Does It Mean?

In September 2018, in Marks v. San Diego Crunch, a unanimous U.S. Court of Appeals for the Ninth Circuit three-judge panel held that the TCPA's definition of an automatic dialing system (ATDS) includes telephone equipment...more

Ninth Circuit decision on TCPA autodialer definition settles: what does it mean?

In September 2018, in Marks v. San Diego Crunch, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an automatic dialing system (ATDS) includes telephone equipment that can automatically dial phone...more

Petition for certiorari filed in Ninth Circuit TCPA case accepting broad definition of ATDS

The defendant in Marks v. Crunch San Diego has filed a petition for certiorari with the U.S. Supreme Court seeking review of the Ninth Circuit’s September 2018 decision interpreting the TCPA’s automatic telephone dialing...more

FCC directs creation of reassigned phone number database

The FCC has taken a step toward getting control over the potential TCPA exposure a business faces when it calls one of its customers at a phone number that, unbeknownst to the business, has been reassigned from the customer...more

FCC seeks comments on TCPA autodialer definition following Ninth Circuit Marks decision

The Federal Communications Commission (FCC) has issued a notice asking for comment on what constitutes an automatic telephone dialing system (ATDS) under the TCPA following the Ninth Circuit’s September 20, 2018 decision in...more

Ninth Circuit Accepts Broad Definition of ATDS

A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. ...more

TCPA's Definition of Autodialer Restricted to Equipment's Current Functions, Second Circuit Holds

In a significant opinion issued last week, the U.S. Court of Appeals for the Second Circuit held that the term "capacity," in the Telephone Consumer Protection Act's (TCPA) definition of "automatic telephone dialing system"...more

In Wake of D.C. Circuit’s ACA Decision, Industry Trade Groups Petition FCC for Narrow Interpretation of “Automated Telephone...

Last week, a coalition of numerous trade organizations, including, among others, the U.S. Chamber of Commerce, the American Bankers Association, the Consumer Bankers Association, and the Mortgage Bankers Association, filed a...more

Seventh Circuit Denies Arbitration of Accountholder Daughter’s TCPA Class Action Claims

In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more

D.C. Circuit TCPA Decision Gives Industry Partial Victory But No Certainty

The decision last week of the U.S. Court of Appeals for the D.C. Circuit ruling on petitions seeking review of the Federal Communications Commission’s (the “FCC”) 2015 Declaratory Ruling and Order (the “2015 Ruling”)...more

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

Viewing Unsolicited Fax Not Required for TCPA Standing

The Sixth Circuit recently held that standing to sue under the Telephone Consumer Protection Act (TCPA) does not require the plaintiff to have printed, or even viewed, a fax advertisement that violates the TCPA. The Court...more

FCC Chairman Releases Proposed TCPA Declaratory Rulings

Federal Communications Commission (FCC) Chairman Tom Wheeler has issued a fact sheet describing his proposed declaratory rulings on various issues involving the FCC’s interpretation of the Telephone Consumer Protection Act...more

6/3/2015  /  FCC , TCPA

Debt Collector’s Automated Calls Did Not Fall within TCPA’s ‘Prior Express Consent’ Exception, Second Circuit Holds

Yesterday, the Second Circuit held that a plaintiff did not provide his “prior express consent” under the federal Telephone Consumer Protection Act (TCPA) to automated calls to his cell phone when he gave his cell phone...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide