Uncertainty over the definition of an “automatic telephone dialing system” (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) has fueled a steady flow of litigation for over a decade. ...more
The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...more
9/15/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Popular ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection...more
7/9/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act...more
Health care providers and government officials have more clarity regarding the ability to place certain calls and texts about the novel coronavirus, thanks to recent action by the Federal Communications Commission (FCC)....more
Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more
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
1/31/2020
/ Ambiguous ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Hilton ,
Marketing ,
Popular ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier...more
12/23/2019
/ ATDS ,
Attorney General ,
Auto-Dialed Calls ,
Broadband ,
Call Blocking ,
Caller ID Services ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Homeland Security (DHS) ,
FCC ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Penalties ,
Pending Legislation ,
Prior Express Consent ,
Regulatory Agenda ,
Regulatory Standards ,
Regulatory Violations ,
Robocalling ,
Scams ,
TCPA ,
Telecommunications ,
U.S. Commerce Department ,
US Department of State ,
Working Groups
Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more