News & Analysis as of

Auto-Dialed Calls

Another Strike Out? Tampa Bay Rays “Hit” With TCPA Class Action Over Text Campaign

by Womble Bond Dickinson on

Not only did the Tampa Bay Rays start this season with the worst record in the majors (1-8), they are also striking out in TCPAland. Yesterday, a class action was filed against the baseball team in the Middle District of...more

Now’s your chance - FCC asks for help defining autodialer, other TCPA issues

“What is an autodialer?” The FCC wants to know what you think. For years, the question of what constitutes an autodialer has confounded courts, the Federal Communications Commission (FCC), and companies that call and text...more

Silence is Golden: FCC’s Decision Not to Address Cunningham-Moskowitz Petition in TCPA Public Notice Speaks Volumes

by Womble Bond Dickinson on

Sometimes its what’s missing that says the most. The FCC’s Public Notice respecting the scope and architecture of the TCPA is notable for numerous reasons, as my Washington D.C. colleagues just explained yesterday....more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - CARU Corrects Kudos’ COPPA Consent Crack-up - Tech Specs Released for Transparency and Consent Framework - FTC Mutes Alleged Deceptive Amplifier Claims - Business Groups Demand Clarity on Autodialers -...more

FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision

by Kelley Drye & Warren LLP on

On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light of the recent decision by the D.C. Circuit...more

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

by Womble Bond Dickinson on

Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

FCC seeking comments on TCPA issues in light of D. C. Circuit ACA International decision

by Ballard Spahr LLP on

The FCC has issued a notice announcing that it is seeking comments on several TCPA issues following the D. C. Circuit’s decision in ACA International v. FCC.  Comments are due by June 13, 2018 and reply comments are due by...more

FCC Seeks Comments on TCPA in Wake of ACA International Decision

by Burr & Forman on

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

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

by Davis Wright Tremaine LLP on

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

FCC Seeks to Refresh the TCPA Record

by Hogan Lovells on

Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more

Time for Clarity: Two Courts Reach Opposite Conclusions on the Viability of the FCC’s Predictive Dialer Rulings on the Same Day...

by Womble Bond Dickinson on

Herrick v. GoDaddy – ORDER Granting D MSJ 5.14.18 - As we reported yesterday May 15, 2018, a court in the Southern District of Florida just held that the FCC’s 2003 and 2008 predictive dialer rulings survived their brush...more

The Ever-Evolving Interpretation of an ATDS: Where Are We Now? (No, Really!)

by Dorsey & Whitney LLP on

On May 5, 2018, a broad range of 18 industry groups led by the U.S. Chamber of Commerce, including ACA International and members of the financial services industry, petitioned the FCC to seek clarity on the definition of an...more

Oral Revocation of TCPA Consent Ineffective Where Agreement Required Written Notice, Court Rules

by Ballard Spahr LLP on

A consumer's alleged oral revocation of consent to receive autodialed or prerecorded calls to his cell phone was ineffective under the Telephone Consumer Protection Act (TCPA) when his credit card agreement provided that...more

Your TCPA Settlements Can’t and Won’t Be Used Against You in a Court of Law (Probably)

by Womble Bond Dickinson on

TCPA Plaintiffs often utilize overly broad discovery demands in an effort to bludgeon a caller into settling an otherwise meritless case. One of the most common tactics is serving boilerplate demands seeking a Defendant’s...more

A New Day for Predictive Dialer TCPA Cases?: First Court Holds That FCC Predictive Dialer Rulings Survive ACA Int’l

by Womble Bond Dickinson on

As soon as ACA Int’l was handed down, the debate began. Are predictive dialers still covered by the TCPA following ACA Int’l’s reversal of the FCC’s ATDS formulation or is the statute’s narrow definition now the law of the...more

Plaintiff’s TCPA Joyride Comes to a Swift End: Court Tosses Putative Text Message Class Action After Finding Plaintiff Consented...

by Womble Bond Dickinson on

TCPALand is filled with people trying to game the system, especially when it comes to text message TCPA cases. You’ve got the classic opt-out evader, as we just saw in the Edible Arrangements case. But sometimes, the play...more

Breaking: D.C. Circuit Court of Appeal Issues Mandate in ACA Int’l

by Womble Bond Dickinson on

To coincide with the big launch of tcpaland.com the DC. Circuit Court of Appeal today issued its mandate in ACA Int’l. The mandate can be found here. The Court had previously withheld its mandate to allow the parties time to...more

Bringing it All Together: Court Rulings, FCC Petitions and New Proposed Legislation Impacting TCPA Definition of ATDS Following...

by Womble Bond Dickinson on

The D.C. Circuit’s admonishment to the FCC over its failure to define “the precise functions that a device must have capacity to perform for it to be considered an ATDS” has created quite the fall out. Since ACA Int’l v. FCC,...more

TCPA FCC Petitions Tracker May 2018

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

In Wake of D.C. Circuit’s ACA Decision, Industry Trade Groups Petition FCC for Narrow Interpretation of “Automated Telephone...

by Ballard Spahr LLP on

Last week, a coalition of numerous trade organizations, including, among others, the U.S. Chamber of Commerce, the American Bankers Association, the Consumer Bankers Association, and the Mortgage Bankers Association, filed a...more

PSA: FCC Seeks Comment on Reassigned Number Databases and the Creation of a TCPA Safe Harbor

by Dorsey & Whitney LLP on

As we reported last month, on the heels of the D.C. Circuit’s ruling in ACA Int’l v. FCC, the D.C. Circuit has created a tabula rasa for the FCC’s treatment of reassigned numbers under the Telephone Consumer Protection Act...more

Press “1” for More Scrutiny: Congress Shows Keen Focus on Robocall Issues

by Kelley Drye & Warren LLP on

Just over a month after the D.C. Circuit struck down large portions of the FCC’s 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act (TCPA), several developments on Capitol Hill last week suggest that...more

Ninth Circuit dismisses TCPA claim, finds recipient’s insurance enrollment form constituted “prior express consent”

Takeaway: A recent Ninth Circuit decision find holding that the plaintiff had provided “prior express consent” to receive calls from a third-party telephone consultant shows that the scope of “prior express consent” is based...more

TCPA Update: Impact of D.C. Circuit's Ruling on 2015 FCC Order

by Baker Donelson on

After hearing the oral argument in the case of ACA International v. FCC in October 2016, the U.S. Court of Appeals for the D.C. Circuit finally issued its long-awaited and lengthy ruling on March 16, 2018, addressing the...more

ACA International v. FCC Aftermath: 28 Days Later

by Dorsey & Whitney LLP on

In ACA Int’l v. FCC, No. 15-211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) the United States Court of Appeals for the District of Columbia Circuit overturned the FCC’s “expansive” interpretation of what constitutes...more

300 Results
|
View per page
Page: of 12
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.