News & Analysis as of


FTC and FCC release tentative agenda for March 23 policy forum on robocalls

by Ballard Spahr LLP on

As we previously reported, on March 23, 2018 in Washington, D.C., the FTC and FCC will co-host a joint policy forum that will cover recent policy changes and enforcement actions as well as the agencies’ efforts to encourage...more

DC Circuit Vacates Some of the FCC Rules Governing Robocalls to Cell Phones

by Lane Powell PC on

Proving once again that technology moves much faster than the law, last Friday the United States Court of Appeals for the District of Columbia Circuit set aside two significant portions of the Federal Communications...more

Hang Up And Try Again: D.C. Court Of Appeals Rejects The FCC’s TCPA Rules

by SmithAmundsen LLC on

The District of Columbia Court of Appeals recently weighed in on a 2015 FCC Order concerning the Telephone Consumer Protection Act (TCPA), and sent certain provisions of that Order back to the FCC for a second try. The...more

D.C. Circuit Court Finally Rules On FCC’s 2015 TCPA Order

by Jackson Lewis P.C. on

After two and a half years, the U.S. Court of Appeals for the District of Columbia issued a highly anticipated ruling reviewing the Federal Communications Commission’s (“FCC” or “Commission”) July 2015 Declaratory Ruling and...more

D.C. Circuit Sets Aside FCC’s Expansive Interpretation of the Telephone Consumer Protection Act

by Blank Rome LLP on

In a significant ruling for businesses, technological progress, and the economy at large, the D.C. Circuit Court of Appeals unanimously granted in part, and denied in part, various petitions for review of the Federal...more

D.C. Circuit Issues Long-Awaited Decision in ACA Challenge to FCC TCPA Rulemaking

by Goodwin on

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the FCC’s 2015 Telephone Consumer Protection Act (TCPA)...more

D.C. Circuit Dooms “Idiosyncratic” or “Imaginative” TCPA Revocation Efforts While Blessing Contractual Revocation Provisions in...

by Dorsey & Whitney LLP on

Nearly a year-and-a-half after oral argument on the ACA International v. FCC petition for review of the Federal Communications Commission’s (“FCC” or “Commission”) 2015 Omnibus Order (or “Omnibus”), the D.C. Circuit Court of...more

Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall Ruling

by Perkins Coie on

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more

D.C. Circuit Court of Appeals Sets Aside FCC’s Definition of “Called Party” Under the TCPA—What Comes Next?

by Dorsey & Whitney LLP on

The Telephone Consumer Protection Act (“TCPA”) makes it unlawful to make autodialed calls without the prior express consent of the “called party.” 47 USC §227(b)(1)(A). ...more

ATDS, WTF? The DC Circuit Dismantles the FCC’s 2015 TCPA Order

by Benesch on

Following the FCC’s 2015 Telephone Consumer Protection Act Omnibus Order, following ten consolidated appeals of the Order filed shortly thereafter, and following an oral argument in 2016, on March 16, 2018 the DC Circuit...more

The D.C. Circuit Issues a Split Ruling on the FCC’s 2015 Omnibus TCPA Order

The long-awaited ruling by the United States Court of Appeals for the District of Columbia on the Federal Communications Commission’s (“FCC”) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on...more

Your Definitive Guide to the ACA Int’l Ruling: The Top 10 Things Every TCPAlander Needs to Know Now

by Dorsey & Whitney LLP on

It’s here! It’s here! It’s finally here! At last, I no longer need to field the question of “when, oh when, is the D.C. Circuit Court of Appeals going to rule on the ACA Int’l appeal of the FCC’s TCPA Omnibus ruling from...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

FTC and FCC to hold robocall forum

by Ballard Spahr LLP on

The Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”) have announced they will host a joint policy forum (“Forum”) in Washington, D.C. on March 23 titled, “Fighting the Scourge of Illegal...more

Ninth Circuit Lowers the Axe on Oft-Criticized TCPA Standing Opinion

by Dorsey & Whitney LLP on

The Ninth Circuit Court of Appeal overruled the district court’s dismissal of a TCPA case for lack of Article III standing yesterday in Elisa Romero v. Department Stores National Bank, No. 16-56265, 2018 WL 1079728 (9th Cir....more

FTC Refunds Victims of Tech Support Scam

by Reed Smith on

The Federal Trade Commission (FTC) mailed over $668,000 in the form of 3,791 refund checks to victims of a tech support scam last month. In July 2016, the FTC and the state of Florida alleged Big Dog Solutions LLC (doing...more

Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA

by Benesch on

On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care”...more

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS...more

Telemarketing Giant to Pay $250,000 Penalty to FTC

by Reed Smith on

InfoCision, Inc., an Akron, Ohio-based company, agreed last month to pay a $250,000 civil penalty and implement recordkeeping and monitoring practices to settle Federal Trade Commission (“FTC”) charges brought by the...more

Canada Requires VoIP Service Providers to Implement Technical Measures to Combat Robocalls—A Likely Preview of U.S. Regulation

Everyone hates random telemarketing robocalls. Many of these calls originate overseas and are sent by those with no regard for rules designed to avoid such calls, like the Do Not Call Registry. New technologies make it easier...more

Redial: 2017 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. This publication reflects our in-depth analysis...more

New Jersey Court Holds Text Revocation Must Follow Directions

by Burr & Forman on

Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more

Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

by Farrell Fritz, P.C. on

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more

A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA

Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more

What went wrong? Campaign telemarketer fined by FTC

by Bricker & Eckler LLP on

While false statements are no longer actionable in the election arena, the Federal Trade Commission (FTC) can, and recently has, targeted telemarketers involved in allegedly deceptive solicitations. ...more

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