News & Analysis as of

Telephone Consumer Protection Act Strict Liability

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Faegre Drinker Biddle & Reath LLP

Sixth Circuit Rejects Strict Liability for Products Advertised via Fax, “Some Level of Knowledge” Required

The U.S. Court of Appeals for the Sixth Circuit recently re-affirmed its position that manufacturers of products advertised in unsolicited fax messages do not face strict liability under the TCPA’s junk-fax provision.  To...more

Faegre Drinker Biddle & Reath LLP

Advertised Businesses Not Liable for Unauthorized Fax Advertisements, FCC Declares

On September 21, the FCC’s Consumer and Governmental Affairs Bureau issued a declaratory ruling clarifying that businesses advertised via fax should not face “sender liability” for unsolicited faxes sent without prior...more

Womble Bond Dickinson

FCC Holds that Fax Broadcasters are Solely Responsible for TCPA Violations When They Deceive Advertisers

Womble Bond Dickinson on

On September 21, 2020, the FCC’s Consumer and Governmental Affairs Bureau issued a Declaratory Ruling resolving a petition that sought confirmation that in instances in which an advertiser is “stripped of [its] ability to...more

Womble Bond Dickinson

TCPA Tea Leaves: Here’s Our Best Guess at How the FCC’s New Recycled Number Database Will Work and What It Will Mean for the...

Womble Bond Dickinson on

Tomorrow the FCC is set to meet and, presumably, to approve a Second Report and Order creating a database of re-assigned numbers... The database is being created to help callers avoid calling wrong numbers. When a phone...more

Womble Bond Dickinson

Sending A Helping Hand: Seventh Circuit confirms rejection of strict liability standard for definition of a “sender” of...

Womble Bond Dickinson on

TCPAland truly is a hotbed of statutory interpretation. As we eagerly await the ruling on the FCC’s Public Notice concerning the interpretation and scope of the TCPA in the wake of the ACA Int’l decision, and continue to...more

Benesch

New Year, New TCPA Decision

Benesch on

January 3, 2017. The first business day of the new year. America’s engine revs up again. The scent of fresh coffee fills the air. Court is in session, and a new TCPA decision is issued. The Northern District of Ohio may...more

Eversheds Sutherland (US) LLP

Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties

On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a...more

Robinson & Cole LLP

Another multi-million dollar TCPA settlement

Robinson & Cole LLP on

TCPA settlements are becoming ho-hum because they are so frequent. They are plaintiffs’ attorneys’ dream cases because of strict liability damages. All the more reason to keep your eye on the TCPA compliance ball as it...more

Eversheds Sutherland (US) LLP

Will the FCC Answer Calls to Clarify the TCPA?

We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection...more

Davis Wright Tremaine LLP

Eleventh Circuit Adopts Seventh Circuit Jurisprudence Imposing Strict TCPA Liability on Autodialed and Prerecorded Calls and Texts

The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more

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