Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more
2/12/2020
/ ATDS ,
Auto-Dialed Calls ,
Cannabis-Related Businesses (CRBs) ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Energy Sector ,
FCC ,
Hobbs Act ,
Insurance Industry ,
Marketing ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Reassigned Phone Numbers ,
Safe Harbors ,
Split of Authority ,
Standing ,
Statute of Limitations ,
Statutory Authority ,
TCPA ,
Text Messages ,
TRACED Act ,
Utilities Sector
Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more
12/3/2019
/ Auto-Dialed Calls ,
Class Action ,
Energy Sector ,
FCC ,
New Guidance ,
Opt-Outs ,
Prior Express Consent ,
Settlement ,
Solar Energy ,
TCPA ,
Telemarketing ,
Text Messages ,
Utilities Sector
Does receipt of a single unsolicited text message amount to an “injury in fact” sufficient to establish Article III standing to bring a Telephone Consumer Protection Act (TCPA) lawsuit? The Eleventh Circuit says, “no.”...more
Although the Telephone Consumer Protection Act (TCPA) may be most commonly known for its prohibitions on robocalls, text messages also fall within the TCPA’s broad scope. Given the outsize risk of class action TCPA litigation...more
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more
12/21/2018
/ Auto-Dialed Calls ,
Databases ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
Spam ,
TCPA ,
Text Messages ,
Wireless Devices
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
8/14/2018
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dish Network ,
Faxes ,
FCC ,
Marketing ,
TCPA ,
Telemarketing ,
Text Messages ,
Third-Party Liability ,
Unsolicited Faxes ,
Vicarious Liability
In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more
3/23/2018
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Devices
Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more
An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more
The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS.
This publication reflects our in-depth analysis of significant Telephone Consumer...more
1/19/2017
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Corporate Counsel ,
FCC ,
Popular ,
Prior Express Consent ,
Regulatory Agenda ,
Robocalling ,
Spokeo v Robins ,
TCPA ,
Telemarketing ,
Text Messages ,
VoIP
The outcome of the 2016 presidential election has left many prognosticators scrambling to figure out the policy implications of the incoming Republican change in administration. Among countless other things, companies...more
Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more
Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This...more
Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions...more