Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the...more
Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). ...more
This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more
3/20/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more
3/19/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Exemptions ,
FCC ,
Health Care Providers ,
Revocation ,
Safe Harbors ,
TCPA
Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more