FCC, Do Not Call List, ATDS

Effective Date Announced for New TCPA Rules on Consent Revocation

Troutman Pepper Locke on 11/8/2024

As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more

Eleventh Circuit Eviscerates TCPA Class Action Settlement

Husch Blackwell LLP on 5/16/2024

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent

Goodwin on 12/12/2023

On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more

Pennsylvania Federal Court Declines to Dismiss Case Involving Political Message Allowing TCPA Claim Based on Prerecorded Message...

Troutman Pepper Locke on 9/25/2023

In Perrong v. Bradford et al, the plaintiff alleged that the defendant, an elected official, violated the Telephone Consumer Protection Act (TCPA) by calling his residential phone using a prerecorded message and an automatic...more

Ninth Circuit Affirms Dismissal of TCPA Case Involving Text Messages Holding “Prerecorded Voice Messages” Require Audible...

Troutman Pepper Locke on 8/15/2023

On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more

FTSA Does Not Apply to Calls Selling Services to Businesses

Faegre Drinker Biddle & Reath LLP on 5/3/2023

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

S.D. Cal. Court Dismisses Claims, Finding Text Messages at Issue Were Not “Telephone Solicitations”

Faegre Drinker Biddle & Reath LLP on 7/26/2021

The Southern District of California recently granted (in part) a motion to dismiss in Gross v. GG Homes, Inc., 2021 WL 2863623 (S.D. Cal. 2021), because the text messages at issue were not “telephone solicitations” within the...more

Privacy in the Cellphone Era: The Supreme Court Opens the Door to Automated Text Messages

Sunstein LLP on 5/10/2021

In 1890, Louis Brandeis wrote a seminal law review article on privacy, defining it as “the right to be left alone.” In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) to reinforce that right. This month,...more

One of These Things Is Not Like the Other: SCOTUS Narrows the TCPA’s Application in Autodialer Cases, But Certain Marketing and...

Jackson Walker on 4/30/2021

Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), with an...more

Looking Forward After the U.S. Supreme Court Adopts Narrow, Business-Friendly TCPA "Autodialer" Standard

Hudson Cook, LLP on 4/30/2021

On April 1, 2021, the U.S. Supreme Court announced its decision in Facebook, Inc. v. Duguid, adopting the narrow "autodialer" standard under the Telephone Consumer Protection Act that Facebook favored. The unanimous opinion...more

TCPA Litigation Update: The Aftermath of the Supreme Court’s Facebook v. Duguid Decision

Williams Mullen on 4/20/2021

On April 1, 2021, the Supreme Court released its highly anticipated and unanimous decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or...more

Supreme Court Issues Game Changing Definition of ATDS Under TCPA

BCLP on 4/5/2021

On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more

It’s Time for the Main Event: How the Reinforced TCPA May Play a Pivotal Role in the 2020 Elections

Seyfarth Shaw LLP on 7/13/2020

With the Supreme Court recently upholding the constitutionality of the Telephone Consumer Protection Act (“TCPA”), political campaigns, PACs, and grassroots GOTV organizations now know the tools by which they will be allowed...more

Redial: 2019 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland (US) LLP on 2/12/2020

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

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on 1/29/2020

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

FCC Proposes New Rules to Target Caller ID Spoofing and Issues Report on the Fight Against Illegal Robocalls

Womble Bond Dickinson on 2/22/2019

While the FCC continues to tread carefully in evaluating the thorny issue of how broadly to interpret the TCPA’s definition of “automated telephone dialing system,” particularly as it confronts proposed legislation that, if...more

The TCPA: It’s All So Simple Really

Womble Bond Dickinson on 9/19/2018

On September 16, 2018, TCPAland’s own Czar, Eric J. Troutman, and the “Kingmaker” Jeremy S. Gladstone, Assistant General Counsel and TCPA Subject Matter Expert at Capital One, spoke at the MBA’s Regulatory Compliance...more

Don’t Call It a Comeback: The National Do Not Call Registry (“DNCR”) Has Been Here for Years, but DNCR-Based Litigation May Be on...

Womble Bond Dickinson on 9/12/2018

Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more

“Human Intervention” Precludes ATDS Classification under New FCC TCPA Order, California Federal District Court Holds

Ballard Spahr LLP on 11/16/2015

In a memorandum opinion, the U.S. District Court for the Central District of California recently held that the defendant’s manual use of a desktop telephone was not subject to liability under the new Federal Communications...more

Health Care Entities Get Clarity from FCC on Telephone Communications

K&L Gates LLP on 8/10/2015

The health care industry is in the midst of rapid change as governments fight rising health care costs, providers look to comply with myriad new regulations, and technology continues to take a more prominent role in the...more

The United States Federal Communications Commission › Do Not Call List › ATDS

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