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Opt-Outs The United States Federal Communications Commission

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

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

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

The D.C. Circuit Denies Motion to Stay Issuance of Mandate in Yaakov v. FCC Opt-Out Notification Case, but Petition for Certiorari...

by BakerHostetler on

On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated...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

TCPA Connect - June 2017 #2

Revocation? Think Again. - On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

June 2017 FCC Meeting Recap: FCC Adopts Rules to Govern State Opt-out of FirstNet Plan

by Kelley Drye & Warren LLP on

At its June 2017 Open Meeting, the Federal Communications Commission’s (“FCC” or “Commission”) unanimously approved a process to review the alternative plans of States and Territories (“States”) that seek to opt out of the...more

Locked-In: TCPA Consent Not Revocable If a Term of Contract

Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v....more

DC Circuit Denies Rehearing of TCPA Fax Decision

On June 6, 2017, the US Court of Appeals for the DC Circuit denied the government’s request for an en banc rehearing of a March 31, 2017, decision that invalidated a decade-old Federal Communications Commission (FCC) rule...more

DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications...

by BakerHostetler on

On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement...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

BROWSER Act Aims to Replace Invalidated FCC Privacy Rules

by Morgan Lewis on

US Representative Marsha Blackburn (R-Tenn.) recently introduced the Balancing the Rights of Web Surfers Equally and Responsibly (BROWSER) Act (the Bill), under which the Federal Trade Commission (FTC) would regain...more

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

TCPA Tracker-May 2017

by Kelley Drye & Warren LLP on

Recent News - Class Action Plaintiffs Seek En Banc Review of D.C. Circuit Fax Advertisement Decision - On April 28, 2017, the class action plaintiff petitioners in Bais Yaakov of Spring Valley et.al. v. FCC (No....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

D.C. Circuit Strikes Down FCC Opt-Out Notice Requirement for “Solicited” Fax Ads

Takeaway: The D.C. Circuit recently dismantled a claim commonly asserted under the TCPA’s Junk Fax Prevention Act of 2005, by rejecting the FCC’s rule that fax advertisers violate the TCPA by not including compliant “opt-out”...more

Financial Services Weekly News - April 2017 #3

by Goodwin on

Editor's Note - Cross River Bank Takes on Colorado in True Lender Action. This past January, the Administrator of Colorado’s Uniform Consumer Credit Code filed a court action against Marlette Funding LLC (Marlette),...more

D.C. Circuit v. FCC – More Pushback to Come?

by Ifrah PLLC on

Over the past several years, the Federal Communications Commission (“FCC”) took an expansive view of its rules under the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA bars certain calls, texts and faxes without...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

D.C. Circuit: TCPA Does Not Empower FCC to Mandate Opt-Out Notices in Solicited Faxes

by Goodwin on

On March 31, 2017, the D.C. Circuit held in Bais Yaakov of Spring Valley v. FCC that, based on a plain reading of the TCPA, the FCC does not have the authority to mandate that senders of solicited fax advertisements include...more

DC Circuit Invalidates FCC Fax Rule Effectively Closing the Door to TCPA Class Actions Based on Alleged Violations

by SmithAmundsen LLC on

The D.C. Circuit Court of Appeals held that the Federal Communications Commission (“Commission”) overstepped its authority in 2006 when it implemented the Solicited Fax Rule, which requires all fax advertisements — even those...more

The Fax Machine is Not Extinct – Opt-Out Provisions

by Selman Breitman LLP on

On March 31, 2017, the D.C. Circuit Court vacated a rule by the Federal Communications Commission ("FCC") that required opt-out notices on solicited faxes under the Junk Fax Prevention Act ("JFPA"). As Circuit Judge...more

D.C. Circuit Limits FCC Jurisdiction on Fax Advertisements

by Kelley Drye & Warren LLP on

On March 31, 2017, the United States Court of Appeals for the District of Columbia issued a decision in Bais Yaakov of Spring Valley et.al. vs. FCC (No. 14-1234), holding that the FCC’s 2006 Solicited Fax Rule is unlawful to...more

D.C. Circuit Junks the FCC’s Junk Fax Rule

The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more

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