Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more
In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more
Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more
The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an...more
In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint’s, motion to dismiss finding that even unanswered calls could constitute “telephone solicitations” under the TCPA....more
The FTC brought a lawsuit against several entities and individuals allegedly involved in a robocall operation that violated the FTC’s Telemarketing Sales Rule (TSR) and the FTC Act by delivering unwanted Voice Over Internet...more
In a recently issued ruling, the Federal Communications Commission (FCC) declared that “ringless voicemails” are “calls” subject to the requirements of the Telephone Consumer Protection Act (TCPA). Ringless voicemail...more
The Federal Communications Commission ruled this month that “ringless voicemail” to wireless phones is a “call” made using an artificial or prerecorded voice and therefore subject to the Telephone Consumer Protection Act...more
On November 21, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone because it constitutes a...more
The FCC recently announced a public comment period for a new Petition for Declaratory Ruling that seeks to have the FCC “clarify that delivery of a voice message directly to a voicemail box through ringless voicemail (RVM)...more
Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more
Back in July of last year, a Michigan Western District Court became the first court in the country to hold that a “ringless” voicemail—technology which “deposits” a voicemail into a consumer’s voice mail box without actually...more
The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more
In the face of significant opposition from virtually all quarters, All About The Message, LLC (AATM), has withdrawn its petition asking the Federal Communications Commission (FCC) for a declaratory ruling that a prerecorded...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more