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TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

by Carlton Fields on

Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

by Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

SCOTUS Denies Review of Indiana Anti-Robocall Law

by Reed Smith on

The U.S. Supreme Court denied nonprofit Patriotic Veterans, Inc.’s petition for review of Indiana’s ban on the use of technology that automatically dials residential phone numbers and plays prerecorded messages. Patriotic...more

New York District Court Applies Reyes to Squash TCPA Suit Based Upon Consent Terms Built into Sallie Mae TCPA Class Action...

by Dorsey & Whitney LLP on

The Sallie Mae class settlement continues to pay major dividends for Navient Solutions (“Navient”), one of the nation’s most liberal dispensers of automated debt collection phone calls. Back in 2012, Navient—then known as...more

TCPA Update: Courts Deliver Mixed Bag on Customer Consent and Call Outsourcing

by Baker Donelson on

Having increased in number each of the past seven years, lawsuits alleging violations of the Telephone Consumer Protection Act of 1991 (TCPA) continue to plague the consumer finance industry. As should be expected with an...more

Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits

by Hogan Lovells on

Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small...more

Monthly TCPA Digest - September 2017

by Mintz Levin on

Ready for good news about TCPA litigation? In this edition of our Monthly TCPA Digest — providing insights on Telephone Consumer Protection Act (TCPA) cases and regulations — we point to a glimmer of hope for businesses....more

“I’m Unavailable to Take Your Advertisement Right Now”: FCC Regulation of Direct-To-Voicemail Marketing

by Robins Kaplan LLP on

The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

by Hogan Lovells on

A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and...more

TCPA Tracker - September 2017

by Kelley Drye & Warren LLP on

Recent News - FCC’s 2015 Omnibus TCPA Declaratory Ruling Still Under Review at the D.C. Circuit - Nearly eleven months have passed since the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

Eleventh Circuit Recognizes Partial Consent Revocation under the TCPA

by Goodwin on

On August 10, in Schweitzer v. Comenity Bank, No. 16-10498 (Aug. 10, 2017), a panel of the Eleventh Circuit expanded liability for companies under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (TCPA)....more

Eleventh Circuit Rules that Consumers Have the Right to Partially Revoke Consent to Automated Calls under the TCPA

by Blank Rome LLP on

The Eleventh Circuit Court of Appeals recently issued its opinion in Emily Schweitzer v. Comenity Bank, holding that the Telephone Consumer Protection Act, 47 U.S.C. sec. 227 et seq. (“TCPA”), allows consumers to partially...more

Call Me Maybe: 11th Circuit Broadly Interprets TCPA to Allow Partial Oral Revocation of Consent

by Holland & Knight LLP on

In light of the flux of recent litigation arising under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq., resulting in multimillion-dollar settlements and adverse judgments against companies across all...more

Eleventh Circuit Allows Partial Revocation of Consent under TCPA with Class and Contractual Consent Implications

by Balch & Bingham LLP on

Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more

TCPA Tracker - August 2017

by Kelley Drye & Warren LLP on

Recent News - FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls - On July 26, 2017, the FCC released the text of the Forfeiture Order adopted at the Commission’s July 2017...more

TCPA Survives Strict Scrutiny—Again. Here’s Why It Shouldn’t

by Dorsey & Whitney LLP on

Strict scrutiny just isn’t what it used to be. For the third time, a district court has applied strict scrutiny in analyzing the Telephone Consumer Protection Act (“TCPA”) and found that the statute restricts no more speech...more

In E-Discovery, Writing a Program to Analyze Data Isn’t the Same as Producing New Data

by Zapproved LLC on

Meredith v. United Collection Bureau, Inc., No. 1:16 CV 1102, 2017 U.S. Dist. LEXIS 56783 (N.D. Ohio Apr. 13, 2017). In this proposed class action, the court granted the plaintiff’s motion to compel the production of data...more

FCC Proposes Rules to Fight Fraudulent Robocalling

by Perkins Coie on

Unsolicited robocalls are the top consumer complaint made to the Federal Communications Commission, which receives over 200,000 complaints a year. An estimated 2.5 billion robocalls are being made to consumers each month,...more

FCC Proposes New Systems to Reduce Illegal Robocalls and Announces Fine Against Autodialing Platform

by Davis Wright Tremaine LLP on

The Federal Communications Commission (FCC) marked another step in its effort to curtail illegal robocalls. During its recent Open Meeting, the FCC approved Notices of Inquiry (NOIs) into Call Authentication methods and into...more

Revocation of Consent Under TCPA: Not So Fast

In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...more

Revocation of Consent Under the TCPA

by BakerHostetler on

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from...more

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