Earlier this year, the Federal Communications Commission (FCC) published a new report and order (“Order”) concerning revocation of consumer consent under the Telephone Consumer Protection Act (TCPA). The new rules revise how...more
The Telephone Consumer Protection Act (“TCPA”) and implementing rules by the Federal Communications Commission (“Commission”) bar many types of calls or texts without first having obtained the consent of the called party....more
The Telephone Consumer Protection Act (TCPA) bars certain types of automated calls without first obtaining the consent of the called party. Indeed, with uncapped statutory damages, the TCPA is a staple of the plaintiff’s bar,...more
Last week, the Federal Communication Commission’s (“FCC”) Consumer and Governmental Affairs Bureau (“Bureau”) resolved two of the many pending petitions seeking relief and clarification concerning the requirements of the...more
On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues....more
6/5/2019
/ Bright-Line Rule ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
FCC ,
FDCPA ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Proposed Rules ,
Robocalling ,
TCPA
First Amendment challenges to the Telephone Consumer Protection Act (TCPA) are in the midst of a revival. The TCPA makes it unlawful to call or text a cell phone using an automatic telephone dialing system (ATDS) or...more
3/29/2019
/ Commercial Speech ,
Constitutional Challenges ,
Debt Collection ,
FCC ,
First Amendment ,
Free Speech ,
Prior Express Consent ,
Reed v Town of Gilbert ,
Standard of Review ,
TCPA ,
Telemarketing
We recently reported that the Federal Communications Commission (“FCC”) had published a draft order establishing a reassigned number database. The database would provide a central source for callers to determine whether the...more
The Federal Communications Commission (“FCC”) is reconsidering its approach to key Telephone Consumer Protection Act (“TCPA”) issues following the D.C. Circuit overturning portions of the 2015 Omnibus TCPA Order. Although...more
The long-awaited ruling by the United States Court of Appeals for the District of Columbia on the Federal Communications Commission’s (“FCC”) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on...more