The U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants, Inc., affirming the U.S. Court of Appeals for the 4th Circuit's holding that the "government-debt" exception to the Telephone...more
7/8/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone...more
The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more
11/5/2015
/ Appeals ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Right to Privacy ,
Robocalling ,
Smartphones ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Text Messages ,
Wireless Devices ,
Yahoo!
The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If...more
The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several...more
This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which...more
We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more
With the present Term nearing its end, the U.S. Supreme Court took a major step forward in unanimously extending individual protections from police intrusion into the realm of digital privacy. In a consolidated decision in...more
Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more
The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more