I hope that many of you were able to power down during the holidays before ramping up again to start 2023. The FCC, however, maintained a busy pace of announcements, releasing news on several issues regarding the Telephone...more
On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more
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
According to the Federal Communications Commission (FCC), approximately 100,000 cell phone numbers are reassigned in this country every day, resulting in millions of wireless numbers being reassigned each year. Reassigned...more
The FCC held its last open meeting of 2018 on December 12, approving two items related to the TCPA as part of its busy year-end agenda, including an item establishing a reassigned number database. We discuss these items...more
In the most significant case to interpret what constitutes an “automatic telephone dialing system” (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) in the wake of the D.C. Circuit’s decision in ACA...more
The Federal Communications Commission (“FCC”) is reconsidering its approach to key Telephone Consumer Protection Act (“TCPA”) issues following the D.C. Circuit overturning portions of the 2015 Omnibus TCPA Order. Although...more
As retailers continue to be sued for alleged violation of the Telephone Consumer Protection Act (“TCPA”), a long-awaited ruling by the D.C. Circuit on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) may provide...more
On March 16, 2018, the US Court of Appeals for the District of Columbia Circuit released its much anticipated ruling in ACA International, et al., v. Federal Communications Commission rejecting the expansive definition of...more
Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International. TCPA R.I.P.? - No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more
In a much-anticipated decision, the U.S. Court of Appeals for the District of Columbia Circuit has set aside the Federal Communications Commission's 2015 Declaratory Ruling, which broadly interpreted the Telephone Consumer...more
On March 16, 2018, the D.C. Circuit issued its long-awaited opinion on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) interpreting various sections of the Telephone Consumer Collection Practices Act (“TCPA”). Of...more
The U.S. Court of Appeals for the District of Columbia has issued a highly anticipated ruling reviewing the Federal Communications Commission’s July 2015 Declaratory Ruling and Order interpreting the Telephone Consumer...more
The D.C. Circuit’s reversal of the Federal Communications Commission’s (“FCC” or “Commission”) pronouncements as to “the precise functions that a device must have capacity to perform for it to be considered an ATDS,” will...more
Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more
Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more
The D.C. Circuit has issued its long-awaited decision on the FCC’s 2015 TCPA Declaratory Ruling. ACA International v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018). The ruling invalidates the FCC’s definition...more
On March 16, 2018, the United States Court of Appeals, in a 3-0 decision, sided with ACC International in its challenge to the Federal Communications Commission’s (“FCC’s”) July 10, 2015, Omnibus Order (“Order”), through...more
In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more
The D.C. Circuit has rejected the FCC’s “impermissibly expansive” interpretation of what constitutes an Automatic Telephone Dialing System (“ATDS”) under the TCPA. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535...more
On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone...more