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FCC Seeks Comment on Issues Arising from Appellate Reversal of Portions of TCPA Omnibus Order in ACA International

The Federal Communications Commission (FCC) has issued a Public Notice seeking comment on the Telephone Consumer Protection Act (TCPA) definition of “automatic telephone dialing system” (or “autodialer”), potential liability...more

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

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

FCC Announces Robocalling and Caller ID Spoofing Workshop

Telemarketers and others who may have been wondering how the Federal Communications Commission’s recent and – to industry participants – concerning Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA)...more

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell...

Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on...more

FCC Reinforces that Those Who Knowingly Release Cell Numbers Grant Permission to be Called Under the TCPA--But Companies May Still...

We recently reported on two FCC declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA), in the context of social-network text messages and package-delivery calls, that included broad, business-friendly...more

Eleventh Circuit Adopts Seventh Circuit Jurisprudence Imposing Strict TCPA Liability on Autodialed and Prerecorded Calls and Texts

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

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