Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J. Markey (D-Mass.), a member of...more
In a potentially game-changing decision, the Supreme Court today unanimously agreed that the TCPA’s definition of autodialer is narrow. Writing for the Court, Justice Sotomayor determined that “Congress’ definition of an...more
4/7/2021
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Split of Authority ,
TCPA ,
TRACED Act
On September 21, 2020, the FCC’s Consumer and Governmental Affairs Bureau issued a Declaratory Ruling resolving a petition that sought confirmation that in instances in which an advertiser is “stripped of [its] ability to...more
Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it. Instead, the Court struck down a narrow exception to the TCPA, known as the...more
7/7/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Petition for Writ of Certiorari ,
SCOTUS ,
Severability Doctrine ,
Solicitor General ,
Strict Scrutiny Standard ,
TCPA
The FCC’s proceedings regarding the definition of the term “automatic telephone dialing system” have been pending since May of 2018 when, shortly after the D.C. Circuit’s opinion in ACA International v. FCC, the Commission...more
6/29/2020
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
p2p ,
Peer-to-Peer ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
Written by David Carter On Friday, May 1, 2020, the FCC released an Order adopting new rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), which calls for...more
We recently discussed the Telephone Consumer Protection Act’s (TCPA) exemption for autodialed calls, prerecorded messages, and text messages made for emergency purposes and what the exemption means for businesses who need to...more
3/23/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Governor Bel Edwards ,
Governor Cuomo ,
Governor Justice ,
Public Health ,
Public Health Emergency ,
State and Local Government ,
State of Emergency ,
TCPA ,
Telemarketing ,
Text Messages
In a decision released today, a three judge panel of the Seventh Circuit unanimously joined the growing list of courts to confirm that the “capacity to generate random or sequential numbers is necessary to the statutory...more
The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more
1/29/2020
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Debt Collection ,
Do Not Call List ,
FCC ,
Jurisdiction ,
Predictive Coding ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Willful Violations
The Senate has voted to adopt the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S 151), with modifications that were negotiated between the House and Senate. The House adopted the legislation...more
12/20/2019
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
Legislative Agendas ,
Pending Legislation ,
Robocalling ,
Statute of Limitations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more
7/19/2019
/ ATDS ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Selling ,
Do Not Call List ,
Marketing ,
Opt-Outs ,
Personal Data ,
Prior Express Consent ,
Right to Delete ,
TCPA ,
Text Messages ,
Vendors
The Eighth Circuit Court of Appeals has released a much-anticipated decision in Golan v. FreeEats.com, Inc, a TCPA case involving the promotion of a movie, Last Ounce of Courage, using a message recorded by former Arkansas...more
The House Energy and Commerce Committee is poised to consider a revised version of Chairman Pallone’s (D-NJ) “Stopping Bad Robocalls Act.” The revised bill was introduced this morning and consideration of the legislation by...more
It is a busy TCPA news day! The United States Supreme Court has released its decision in PDR Networks, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action. The decision is available for download...more
6/21/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
Written by Artin Betpera and David Carter The FCC has adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. The new rules give carriers the option of opting consumers in by...more
6/10/2019
/ Call Blocking ,
Declaratory Rulings ,
Disclosure Requirements ,
Do Not Call List ,
Emergency Alerts ,
FCC ,
New Rules ,
Opt-Outs ,
Public Safety ,
TCPA ,
Telecommunications
Recall that, a couple months ago, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action proceeding, setting the stage for what we...more
3/28/2019
/ Carlton & Harris Chiropractic Inc v PDR Network LLC ,
Chevron Deference ,
Consent ,
Corporate Counsel ,
Due Process ,
FCC ,
Hobbs Act ,
Opt-Outs ,
SCOTUS ,
TCPA ,
Trial Court Orders ,
Unsolicited Faxes
On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more