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Telecommunications The United States Federal Communications Commission Class Action

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Eleventh Circuit Challenge Dead

One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more

Eversheds Sutherland (US) LLP

FCC revocation rules poised to take effect

Barring a last-minute reprieve, the Federal Communications Commission’s (FCC) new rules regarding how consumers can revoke their consent under the Telephone Consumer Protection Act (TCPA) will go into effect on April 11, 2025...more

Eversheds Sutherland (US) LLP

FCC seeks comments amid wave of “after hours” texting complaints and Trump Administration’s “Delete, Delete, Delete” order

The Federal Communications Commission (FCC or Commission) issued two notices for public comment in mid-March on hot-button issues, suggesting that newly-minted Chair Brendan Carr’s tenure will be an active one. On March 11,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Hears Oral Argument in Case Regarding FCC’s Authority to Interpret Telephone Consumer Protection Act

Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

Husch Blackwell LLP on

There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter (December 2024)

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

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On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

Kilpatrick

TCPA - Ninth Circuit Affirms Decertification of “Junk Fax” Class

Kilpatrick on

Takeaway: In True Health Chiropractic, Inc. v. McKesson Corp., No. 22-15710, 2023 WL 7015279, at *1 (9th Cir. Oct. 25, 2023), the Ninth Circuit affirmed the district court’s decertification of a “junk fax” class, finding that...more

BakerHostetler

AD-ttorneys@law - June 2022 #2

BakerHostetler on

No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more

Neal, Gerber & Eisenberg LLP

Client Alert: Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk

In recent years, the Telephone Consumer Protection Act (“TCPA”) has been a major source of potential liability for companies that send marketing text messages.  ...more

Carlton Fields

No Speaking? No Standing!

Carlton Fields on

On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more

Robins Kaplan LLP

Financial Daily Dose 12.03.2019 | Top Story: US Threatens Tariffs on French Goods Over New Digital Services Tax

Robins Kaplan LLP on

Because who wants a nice quiet December, right? Yesterday, the U.S. opened yet another trade war front by proposing retaliatory tariffs of up to 100% on a wide range of French imports after announcing that “it found France’s...more

Robins Kaplan LLP

Financial Daily Dose 11.06.2019 | Top Story: Walgreens Boots Working With PE Firms to Go Private

Robins Kaplan LLP on

Bloomberg is reporting that Walgreens Boots is weighing a potential deal “to take the company private in what could become the largest leveraged buyout in history.” PE firms like KKR are apparently in the mix to assist in the...more

Akin Gump Strauss Hauer & Feld LLP

Retail Industry Leaders Association Urges the FCC to Address Key TCPA Issues

• Companies across industries continue to face TCPA litigation and address compliance challenges. • The FCC will soon be addressing key TCPA issues in the wake of the D.C. Circuit’s ruling in ACA International. • One...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Womble Bond Dickinson

REPUBLISHED TCPA Horror Story: 1 Fax+1 Lawsuit = $12.5M Award– Man’s home, business in limbo

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OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more

Akin Gump Strauss Hauer & Feld LLP

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

Morrison & Foerster LLP

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the...more

Hogan Lovells

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

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A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and...more

Ballard Spahr LLP

FCC Cannot Require Opt-Out Notice on "Solicited" Fax Ads, D.C. Circuit Holds

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The FCC's 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on solicited fax advertisements, the U.S. Court of Appeals for the District of Columbia Circuit has held in a 2-1 ruling....more

Carlton Fields

FCC Adopts New Privacy Rules

Carlton Fields on

On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote. After the reclassification of broadband internet access service as a telecommunications...more

BakerHostetler

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

BakerHostetler on

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

Robinson+Cole Data Privacy + Security Insider

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more

Ballard Spahr LLP

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

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The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

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