On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more
On February 8, 2024, the Federal Communications Commission (FCC) issued a News Release titled “FCC Makes AI-Generated Voices in Robocalls Illegal.” Despite this attention-grabbing headline, the FCC’s unanimous Declaratory...more
In a flurry of activity at its meeting on March 16, 2023, the Federal Communications Commission (FCC), finalized rules aimed at robocaller identification and mobile carrier requirements, and proposed a new rule for comment...more
Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more
2/12/2020
/ ATDS ,
Auto-Dialed Calls ,
Cannabis-Related Businesses (CRBs) ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Energy Sector ,
FCC ,
Hobbs Act ,
Insurance Industry ,
Marketing ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Reassigned Phone Numbers ,
Safe Harbors ,
Split of Authority ,
Standing ,
Statute of Limitations ,
Statutory Authority ,
TCPA ,
Text Messages ,
TRACED Act ,
Utilities Sector
Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more
5/1/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS ,
Stolt-Nielsen
Companies in all industries and of all sizes are increasingly using biometric data—fingerprints, voiceprints, and facial structure, to name three—as a faster, more reliable, and more economical alternative to passwords and...more
4/12/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Data Collection ,
Data Privacy ,
Extraterritoriality Rules ,
Facial Recognition Technology ,
Fingerprints ,
Gramm-Leach-Blilely Act ,
IL Supreme Court ,
Notice Requirements ,
Personal Data ,
Private Sector ,
Risk Mitigation ,
Standard of Care
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the Biometric Information and Privacy...more
Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....more
Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more
Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v....more
Accusing the Federal Communications Commission (FCC) of abdicating its responsibility to clarify areas of uncertainty under the Telephone Consumer Protection Act (TCPA) and muddying the already murky waters of the TCPA, more...more
What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more
One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more