The Blunt Truth About Testing Employees For Marijuana In California (part one)
In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the...more
The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more
In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more
Most attorneys involved in consumer finance litigation are aware the Federal Communications Commission (FCC) is charged with implementing and enforcing the Telephone Consumer Protection Act (TCPA). Although the FCC's duties...more
The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more
The Federal Communications Commission’s (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order’s seemingly...more
The FCC’s pro-consumer July 10, 2015 Declaratory Ruling and Order creates new and increased TCPA compliance and litigation challenges for businesses. ACA International previously filed a lawsuit seeking judicial review of the...more
Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for...more
Telemarketers and others who may have been wondering how the Federal Communications Commission’s recent and – to industry participants – concerning Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA)...more