Telecommunications, Prior Express Consent, First Amendment

Eleventh Circuit Judges Question FCC’s One-to-One Consent Rule

Troutman Pepper Locke on 12/23/2024

On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on 1/31/2020

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Supreme Court Agrees To Review The Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on 1/13/2020

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

Faegre Drinker Biddle & Reath LLP on 11/15/2019

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....more

Maine’s New Internet Privacy Law: What You Need to Know

Pierce Atwood LLP on 6/17/2019

Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more

Stay Imminent?: District Court Orders Plaintiff to Show Cause Why TCPA Class Action Shouldn’t be Stayed Pending Ninth Circuit’s...

Womble Bond Dickinson on 12/6/2018

Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth...more

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More...

Womble Bond Dickinson on 12/4/2018

2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down--predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the...more

First-In-the-Nation-Result: District Court Stays TCPA Case Pending Outcome of Ninth Circuit First Amendment Challenge

Womble Bond Dickinson on 9/27/2018

Now we’re talking! As I’ve written on multiple occasions, the Telephone Consumer Protection Act (“TCPA”) is the broadest restriction on constitutionally protected speech in our nation’s history. Worse still, the statute is...more

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