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
A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more
8/22/2016
/ Article III ,
Auto-Dialed Calls ,
Banking Sector ,
Corporate Counsel ,
Debt Collection ,
Dismissals ,
Injury-in-Fact ,
Popular ,
Prior Express Consent ,
Robocalling ,
Standing ,
TCPA
The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more
A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more
3/16/2016
/ Auto-Dialed Calls ,
Corporate Counsel ,
Debt Collection ,
Exemptions ,
FCC ,
IRS ,
NPRM ,
Popular ,
Prior Express Consent ,
Robocalling ,
TCPA
A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more
2/29/2016
/ Auto-Dialed Calls ,
Cell Phones ,
Corporate Counsel ,
Debt Collection ,
FCC ,
Health Care Providers ,
Popular ,
Prior Express Consent ,
Putative Class Actions ,
Summary Judgment ,
TCPA
Prior to the amendment, these calls would have been prohibited absent the recipient’s prior express consent if placed to a cellular telephone and if they were made by an automatic telephone dialing system or included an...more
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
7/30/2015
/ Article III ,
Class Action ,
Corporate Counsel ,
Do Not Call List ,
Popular ,
Putative Class Actions ,
Robocalling ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telemarketing
The "primary user" of a cell phone line has standing to sue under the Telephone Consumer Protection Act (TCPA), even when another party is the actual subscriber to the service, a federal court in Florida has ruled. The case...more