FCC, Auto-Dialed Calls, First Amendment

Eleventh Circuit Judges Question FCC’s One-to-One Consent Rule

Troutman Pepper Locke on 12/23/2024

On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland (US) LLP on 3/26/2021

Supreme Court leaves TCPA intact; strikes down exception for government debt collection - The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more

Dialing In: TCPA Top 5 Issues for 2021

Eversheds Sutherland (US) LLP on 1/13/2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Spilman Thomas & Battle, PLLC on 7/11/2020

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

Hinshaw & Culbertson - Consumer Crossroads on 7/9/2020

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic

Womble Bond Dickinson on 5/13/2020

COVID-19 has closed courts and delayed hearings and trials across the country, but developments concerning the definition of an automatic telephone dialing system have continued unabated. Over the past few months, courts have...more

Eleventh Circuit Reins in TCPA Liability

Jones Day on 2/10/2020

The Situation: The Telephone Consumer Protection Act ("TCPA") prohibits unconsented calls or texts made "using an automatic telephone dialing system" ("ATDS"), defined as "equipment which has the capacity—(1) to store or...more

Eleventh Circuit Decision “Marks” a Further Shift in the TCPA Landscape

Akin Gump Strauss Hauer & Feld LLP on 1/31/2020

Key Points - On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on 1/31/2020

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach Murtha PLLC on 1/30/2020

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Point of Sale Newsletter - January 2020

Benesch on 1/15/2020

Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

Faegre Drinker Biddle & Reath LLP on 10/18/2019

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Fourth Circuit Strikes Down TCPA Exemption for Collection of Government Debt, Putting Loan Servicers and Debt Collectors at Risk

Bradley Arant Boult Cummings LLP on 5/1/2019

A recent decision by a panel of the United States Court of Appeals for the Fourth Circuit interpreting the Telephone Consumer Protection Act (TCPA) has significant – and possibly costly – implications for loan servicers and...more

Appeals Court Invalidates TCPA’s Exemption to Automated-Call Prohibition for Collection of Debts Owed to or Guaranteed by the...

Davis Wright Tremaine LLP on 4/26/2019

With Hobbs Act Case Pending in Supreme Court, 4th Circuit’s Decision May Implicate Fate of Other FCC-Created Exceptions and Allowances Under TCPA’s Automated-Call Ban - The U.S. Court of Appeals for the 4th Circuit has...more

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More...

Womble Bond Dickinson on 12/4/2018

2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down--predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the...more

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