In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone...more
Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed...more
As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s...more
Multiple accounts and the question of spousal revocation kept a Telephone Consumer Protection Act (TCPA) action alive in California federal court when the court denied cross motions for summary judgment in the suit....more
Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA...more
As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of...more
Executive Summary -
The old adage “good things come to those to wait” showed itself to be true when on Friday, March 16, 2017, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA...more
Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action....more
Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant....more
In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more
Revocation? Think Again. -
On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more
7/1/2017
/ Amazon ,
ATDS ,
Biodegradable ,
Deceptive Intent ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Medical Marijuana ,
Mobile Apps ,
NAD ,
Prior Express Consent ,
Refunds ,
TCPA ,
Text Messages
On January 23, 2017, President Trump appointed Commissioner Ajit Pai to serve as the next chairman of the Federal Communications Commission (FCC). While not surprising, as he was widely viewed to be the presumptive pick, his...more
D.C. Circuit Hears Argument on FCC Petitions -
On October 19, Judges Srinivasan and Pillard and Senior Judge Edwards of the D.C. Circuit heard argument in ACA International v. FCC, which addressed several consolidated...more
In a positive development for financial institutions and other businesses looking to communicate with customers via phone, a federal district court dismissed a Telephone Consumer Protection Act (TCPA) suit based on the...more