The Ninth Circuit Court of Appeals recently held that an original creditor was liable under the Telephone Consumer Protection Act (TCPA) for calls made by a debt collector with which the creditor had no contractual...more
The Southern District of Florida recently ruled that ringless voicemails (RVM) are “calls” under the Telephone Consumer Protection Act (TCPA). In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890 (S.D. Fla. Mar. 25, 2019) the...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 month the Federal Communications Commission (FCC) issued a declaratory ruling regarding certain exceptions to the Telephone Consumer Protection Act (TCPA). The TCPA regulates how businesses communicate with their...more