News & Analysis as of

Telephone Consumer Protection Act Emergency Alerts

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Sheppard Mullin Richter & Hampton LLP

FCC Declares Certain Calls/Texts Regarding COVID-19 Are Exempt From The TCPA

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated calls, including text messages, to cell phones without sufficient prior express consent, and imposes a statutory penalty of $500 to $1,500 per...more

Womble Bond Dickinson

Where's the Beef? Motion to Dismiss Granted Based on Emergency Exception & Extrinsic Evidence

Womble Bond Dickinson on

Last week, the District Court for the Southern District of California granted a motion to dismiss without leave to amend in a putative class action lawsuit involving the emergency exception to the TCPA. In Derrick v....more

Benesch

Where’s the Beef? TCPA “Emergency Purposes” Exception Kills Class Action

Benesch on

The potential payday of a TCPA class action is huge. Sometimes, it makes otherwise good attorneys convince themselves of really bad ideas when chasing those dollar signs. Derrick v. Kroger Co., No. 3:19-cv-00106, 2019 U.S....more

Womble Bond Dickinson

FCC’s New “Call Blocking by Default” Rules Could Create Unintended Consequences for American Businesses

Womble Bond Dickinson on

Written by Artin Betpera and David Carter The FCC has adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. The new rules give carriers the option of opting consumers in by...more

Eversheds Sutherland (US) LLP

Four common risks in text message programs...and how to avoid them

Although the Telephone Consumer Protection Act (TCPA) may be most commonly known for its prohibitions on robocalls, text messages also fall within the TCPA’s broad scope. Given the outsize risk of class action TCPA litigation...more

Womble Bond Dickinson

TCPA Class Action Defense 101: TCPA Class Action Defense Experts Ken Sponsler and John Taylor Join the Ramble to Discuss the Right...

Womble Bond Dickinson on

Well we’re a day light on the Ramble this week but it will be worth the wait–I promise. In a special “deuces wild” episode–No. 22 after all–we bring you two guests via the FIREline– Ken Sponsler and John Taylor of...more

Womble Bond Dickinson

THIS IS A TEST: Could the Presidential Text Message Alert System be in Violation of Privacy Rights Afforded by the First and...

Womble Bond Dickinson on

Last Wednesday, most of us received a jarring alert on our cellphones at approximately 2:18 p.m. (EST) It read, “THIS IS A TEST of the National Wireless System. No action is required.” This was a test of the Wireless...more

Robinson+Cole Data Privacy + Security Insider

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

Franczek P.C.

FCC Allows for Greater Use of Robo-Calls By School Districts

Franczek P.C. on

The Federal Communication Commission (FCC) has issued a ruling that clarifies the application of the Telecommunications Consumer Protection Act (TCPA) to schools to allow automated calls and texts to parents in the case of...more

Burr & Forman

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

Burr & Forman on

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

Robinson+Cole Data Privacy + Security Insider

FCC Exempts Schools and Utilities from TCPA for Emergencies

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to...more

Ballard Spahr LLP

FCC Ruling Clarifies TCPA for Schools and Utilities

Ballard Spahr LLP on

The Federal Communications Commission (FCC) has issued a Declaratory Ruling clarifying the application of the Telephone Consumer Protection Act (TCPA) to communications from schools and utilities. Specifically, the Ruling...more

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