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Pennsylvania District Court Dismisses TCPA Claim Because Numbers Called Were Stored In, And Uploaded From Separate SQL Server

Elizabeth Panzarella v. Navient Solutions, LLC, No. 18-3735, 2020 WL 3250508 (E.D. Pa. June 16, 2020) - Two Plaintiffs filed suit relating to calls Defendant made when a relative’s loan became delinquent. Defendant moved...more

Court Holds ACA International Invalidates 2003, 2008 and 2015 FCC Rulings Regarding ATDS Definition, And Plain Language of TCPA...

Pinkus v. Sirius XM Radio, Inc., No. 16 C 10858, 2018 WL 3586186 (N.D. Ill. July 26, 2018) - Plaintiff filed suit, alleging Defendant violated the TCPA by, among other things, placing more than 100 calls to his cell phone...more

8/2/2018  /  ATDS , Auto-Dialed Calls , FCC , SiriusXM , TCPA

FCC Seeks Comments on TCPA in Wake of ACA International Decision

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

What Is an ATDS? The New Battleground in TCPA Litigation Since The FCC’s Declaratory Ruling

The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more

Two Florida Courts Stay Cases Pending Outcome of FCC Declaratory Ruling Appeal

Coatney v. Synchrony Bank, No. 6:16-cv-389-Orl-22TBS (M.D. Fla. Aug. 2, 2011), Ricks v. Allied Interstate, LLC, No. 3:16-cv-00205-HES-PBD (M.D. Fla. July 11, 2016). In two recently published cases, the U.S. District...more

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

FCC Consumer Advisory Committee Recommends Final Rule Pursuant to Bipartisan Budget Act of 2015 With Consumer Protections

On June 10, 2016, the FCC Consumer Advisory Committee recommended promulgation of a Final Rule pursuant to the Bipartisan Budget Act of 2015, containing the following consumer protections: Calls pursuant to the exception...more

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more

11/25/2013  /  FCC , Robocalling , Spam , TCPA , Telemarketing

Florida District Court Holds Whether Subscriber Or Person Who Answers Call Possesses TCPA Claim Depends On Circumstances

Cellco Partners v. Plaza Resorts, Inc., No. 12-81238-CIV, 2013 WL 5436553 (S.D. Fla. Sept. 27, 2013) - Plaintiff Cellco Partnership d/b/a Verizon Wireless filed a TCPA claim alleging millions of calls were placed to...more

11/1/2013  /  Cell Phones , FCC , TCPA , Telemarketing

TCPA Filings Increase 65 Percent Year-To-Date

The Telephone Consumer Protection Act (TCPA) has increasingly become a target for consumers and their attorneys for suits aimed at collection agencies. TCPA suits in August rose 15.4 percent from July and 72 percent compared...more

10/28/2013  /  Collection Agencies , FCC , TCPA

FCC Rule Requiring Prior Express Written Consent For Telemarketers Goes Into Effect Today

The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The...more

10/17/2013  /  FCC , Spam , Telemarketing , Written Consent

Massachusetts District Court Dismisses TCPA Claim, Holding Fax Simply Provided Information About Services Already Available

Physicians HealthSource, Inc. v. Multiplan Services, Corp., No. 12-11693-GAO, 2013 WL 2599134 (D. Mass. Sept. 18, 2013) According to the Complaint, Plaintiff did not give Defendant permission to send it faxes. The TCPA...more

Pennsylvania District Court Holds Debt Collection Calls Not Covered By TCPA

Roy v. Dell Fin. Services, LLC, No. 3:13-cv-738, 2013 WL 3678551 (M.D. Pa. July 12, 2013) - Plaintiff, who purchased computers and did not pay debt owed, filed suit against Defendant alleging that Defendant called him...more

Illinois District Court Rejects Attempt To Dismiss TCPA Claims Asserting Calls Were Guise Of Political Survey

Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell...more

Alabama District Court Grants Pharmacy’s Motion To Dismiss, Holding Plaintiff’s Claim Barred Because She Provided Her Cell Phone...

After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that...more

1/2/2013  /  Consent , FCC , Pharmacies , TCPA , Texting
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