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Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA

In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943).  The Supreme Court, in its landmark free speech decision,...more

U.S. Supreme Court to Review Deference to the FCC in TCPA Cases

Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act? That is the question the United States Supreme Court will consider...more

11/20/2018  /  FCC , Hobbs Act , SCOTUS , TCPA , Unsolicited Faxes

Ninth Circuit Weighs In on the TCPA Following ACA International

On September 20, 2018, the Ninth Circuit weighed in on the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Marks v. Crunch San Diego, LLC,...more

10/3/2018  /  ATDS , Auto-Dialed Calls , FCC , TCPA

After ACA International, FCC Seeks Comment on Autodialer Definition

Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA...more

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