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Primary Jurisdiction Doctrine The United States Federal Communications Commission Auto-Dialed Calls

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

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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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Stay It Ain’t So: Court Rejects Primary Jurisdiction Doctrine in TCPA Case Because of “Minimal Risk” of Inconsistent ATDS Rulings...

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Because the TCPA landscape is in complete disarray regarding the definition of an ATDS, we have been opining that the primary jurisdiction doctrine is a TCPA Defendant’s best friend. However, the Western District of...more

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Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?

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It has been an interesting time in TCPAland since ACA Int’l was decided in March. We’ve seen a number of decisions going different ways with respect to the continued viability of the 2003 and 2008 Predictive Dialer rulings....more

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Weekend Reading: District Court of Nevada Grants Stay of TCPA Action Pending FCC Ruling or Until Ninth Circuit Issues its Decision...

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Happy Friday folks. District Court Judge, Judge C.W. Hoffman, for the United States District Court for the District of Nevada granted a motion to stay a TCPA suit, pending a ruling by the FCC or until the Ninth Circuit...more

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TCPA ATDS Scorecard: A Mid-Summers’ Deep Dive into the Shifting ATDS Landscape post ACA Int’l

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Over the last few weeks we have written numerous articles assessing Telephone Consumer Protection Act (“TCPA”) cases addressing the scope of the statute’s definition of automated telephone dialing systems (“ATDs”) as the...more

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The Tug of War Over ATDS Continues: Two More District Courts Reach Opposite Conclusions About Scope of TCPA a Day Apart

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Earlier this week the Third Circuit gave TCPAland a blockbuster ruling in Dominguez II holding that Yahoo!’s instant messenger platform was not an ATDS because it lacked the functionality to randomly or sequentially generate...more

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The Saga Continues: Fourth Post-ACA Int’l Case on ATDS Functionality Holds FCC’s 2003 Ruling “Still Stands”

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The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now...more

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