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Estate Planning During Divorce (Part 2)
On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more
As we recently previewed, the Federal Communications Commission (FCC) published its Proposed Rule that would codify its updated guidance on the Telephone Consumer Protection Act (TCPA). The TCPA regulates calls and text...more
CASES OF NOTE - FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking - The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA,...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
A recent case out of the Seventh Circuit Court of Appeals reaffirmed its prior decision in Gadelhak v. AT&T Services that only a system with “the capacity to generate random or sequential numbers” qualifies as an ATDS. In...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
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more
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
In a recently published decision, a federal court granted student loan processor Navient’s motion for summary judgment, concluding that a statutory exception that makes calls solely to collect a debt owed to or guaranteed by...more
We recently reported that the Federal Communications Commission (“FCC”) had published a draft order establishing a reassigned number database. The database would provide a central source for callers to determine whether the...more
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more
In a long-awaited and highly publicized opinion in March of 2018, the Court of Appeals for the D.C. Circuit decided the case of ACA International v. FCC, which addressed the FCC's 2015 Declaratory Ruling and Order...more
As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more
As this year speeds to a close, we are on pins and needles to see if the FCC will issue a ruling this Fall in the great ACA Int’l TCPA remand. After all, the FCC provided only two weeks for comment in its latest Public Notice...more
Supplemental Public Notice on TCPA Scope Post Marks - Well the Marks case just got even bigger somehow. After the extreme position taken by the Ninth Circuit Court of Appeal two weeks ago the Federal Communications...more
As soon as I posted the updated ATDS scorecard you knew it was bound to happen. And it did. A new monstrous ATDS decision. This one even more daring than the rest. In Heard v. Nationstar Mortg. Llc, Case No.:...more
Yesterday a block of 14 Democratic senators–lead by Massachusetts Senators Markey and Warren, but including Bernie Sanders and many others– sent a letter to FCC Chairman Ajit Pai asking the FCC to maintain most of its...more
Greetings, TCPAlanders! I am the Earl of TCPAland. It is my pleasure to meet you all via the interwebs. Below, I bestow upon thee my learned thoughts on four more comments to FCC Docket 18-152. Buckle in, here we go!...more