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Life After Facebook: District of South Carolina Holds Predictive Dialer Is Not an ATDS

In one of the first major decisions after the Supreme Court’s Facebook v. Duguid decision, a federal district court in South Carolina (the “Court”) has ruled that the Aspect predictive dialer is not an automatic telephone...more

Man Bites Dog: DirecTV Defeats TCPA Class Action

A federal judge granted summary judgment on February 12 to DirecTV, LLC (DirecTV), holding it was not liable under the Telephone Consumer Protection Act (TCPA) for unsolicited telemarketing calls placed by a third-party...more

3/4/2021  /  DirectTV , TCPA , Telemarketing

FCC Holds Calls About Free Clinical Pharmaceutical Trials Are Not “Advertising” Under the TCPA

On January 15, in response to a petition from Acurian seeking clarification on the non-commercial purpose exemption, the FCC held that prerecorded calls to residential phone numbers seeking participants for FDA-mandated...more

1/25/2021  /  Advertising , Clinical Trials , FCC , TCPA

Government Contractors Are People Too: FCC Revises TCPA Definition of "Person"

On December 14, the Federal Communications Commission (FCC) ruled that federal and state contractors are “persons” subject to the terms of the Telephone Consumer Protection Act (TCPA). Citing privacy concerns, the order...more

Supreme Court Answers the Call on the Definition of an Autodialer

The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a...more

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