The Anti-Robocall Multistate Litigation Task Force, comprised of 50 AGs, issued warning letters to eight Voice over Internet Protocol (VoIP) providers regarding concerns that they may be transmitting illegal robocall traffic...more
On July 7, 2022, the Federal Communications Commission (FCC or Commission) and the Attorney General of the State of Ohio (Ohio AG) announced a coordinated enforcement initiative that signals a major shift in how state and...more
Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more
Federal Trade Commission (FTC) staff sent letters to 19 Voice over Internet Protocol (VoIP) service providers, cautioning recipients about “assisting and facilitating” illegal telemarketing or robocalling. The FTC enforces...more
On August 22, 2019, all 50 State Attorneys General, plus the District of Columbia, as well as 12 major voice service providers, announced a set of Anti-Robocall Principles they have agreed to implement, or continue to...more
The Court of Appeals for the First Circuit reversed a summary judgment granted in favor of Verizon, by concluding that a “hybrid” telephone number using both VoIP and voice wireless services must be considered “assigned to a…...more
In doing so, the First Circuit both expanded the scope of TCPA liability while simultaneously making compliance virtually impossible for callers. Cellular services and VOIP - The ATDS prohibition of the TCPA regulates...more
While the FCC continues to tread carefully in evaluating the thorny issue of how broadly to interpret the TCPA’s definition of “automated telephone dialing system,” particularly as it confronts proposed legislation that, if...more
Eversheds Sutherland is pleased to send you its fifth annual REDIAL: 2018 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our...more
One of the many criticisms of the Telephone Consumer Protection Act (TCPA), enacted in 1991, is that it has not kept pace with developments in communications technology. Instead, the Federal Communications Commission (FCC),...more
A federal district judge in Massachusetts issued a summary judgment ruling in favor of Verizon in a putative TCPA class action that promises to fan the flames in the growing debate over TCPA liability for calls made to...more
Every month or so, we review all Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (“TCPA”), decisions across the country to stay abreast of developments as we defend these cases throughout the United States. In this...more
In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco Partnership (“Cellco”) violated § 227(b)(1) of the Telephone Consumer...more
The latest decision in the ongoing dispute over whether calls placed to numbers assigned to voice over internet protocol (VoIP) services violate the Telephone Consumer Protection Action (TCPA) went in favor of TCPA...more
On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more
Under new Chairman Ajit Pai’s leadership, the Federal Communications Commission (the “Commission”) is taking its first steps toward reforming its rules interpreting the Telephone Consumer Protection Act (“TCPA”). On...more
The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS. This publication reflects our in-depth analysis of significant Telephone Consumer...more
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
Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more
Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more
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
Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more
SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more
On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more