Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more
6/22/2022
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Debt Collection ,
Discovery ,
Facebook Inc v Duguid ,
Robocalling ,
SCOTUS ,
Summary Judgment ,
TCPA
The District of New Jersey recently endorsed the view that calls regarding the availability of free services may plausibly qualify, at the pleadings stage, as “telephone solicitations,” and as such be subject to the Do Not...more
Three months after the Supreme Court’s landmark Facebook ruling, a growing number of trial courts have grappled with interpreting and applying the High Court’s directive. One of the more interesting decisions came out of the...more
8/2/2021
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing
Recently, the Eastern District of Missouri added to the split among courts deciding whether they can hear TCPA claims alleging robocall violations that occurred when the now-invalidated government debt exception was part of...more
3/17/2021
/ ATDS ,
Auto-Dialed Calls ,
Constitutional Challenges ,
Debt Collection ,
Exceptions ,
First Amendment ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA
The FCC’s Consumer and Governmental Affairs Bureau last week issued a declaratory ruling resolving a long-pending Petition on the question of whether certain healthcare-related calls, given their significance and value for...more
As readers of this blog know, a robust Circuit split has developed regarding the meaning of an ATDS. The Second and Ninth Circuits have taken one approach, while the Third, Seventh, and Eleventh Circuits have taken another....more
Acknowledging that “effective communications with the American public” is “a critical component” to efforts to slow the spread of the coronavirus, the Federal Communications Commission (FCC) released on its own motion, a...more
As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more
11/25/2019
/ Auto-Dialed Calls ,
Class Certification ,
Class Members ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Robocalling ,
Statutory Violations ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing
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
11/15/2019
/ ATDS ,
Auto-Dialed Calls ,
Charter Communications ,
Constitutional Challenges ,
Debt Collection ,
Exemptions ,
Facebook ,
First Amendment ,
Petition for Writ of Certiorari ,
Popular ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications
The Northern District of Ohio recently granted a motion to dismiss a TCPA claim because the plaintiff failed to allege plausibly that he had not consented to receive the calls. Whiteacre v. Nations Lending Corp., et al., No....more