“What is an autodialer?” The FCC wants to know what you think.
For years, the question of what constitutes an autodialer has confounded courts, the Federal Communications Commission (FCC), and companies that call and text...more
Here are answers to many of the Frequently Asked Questions arising from the DC Circuit’s decision in ACA International.
TCPA R.I.P.? -
No. The DC Circuit struck down two of the FCC’s most controversial rules—the...more
4/5/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
On March 22, 2018, the Federal Communications Commission (FCC) issued its Second Further Notice of Proposed Rulemaking and is seeking comments on the intractable problem of Telephone Consumer Protection Act (TCPA) liability...more
In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more
3/23/2018
/ Auto-Dialed Calls ,
Call Blocking ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Devices
Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more
The Eversheds Sutherland TCPA team has published its fourth annual REDIAL: 2017 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION.
This publication reflects our in-depth analysis...more
Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more
We continue to await a ruling from the US Court of Appeals for the DC Circuit in the appeal of the Federal Communications Commission’s (FCC) July 2015 Omnibus Telephone Consumer Protection Act (TCPA) Declaratory Ruling and...more
A company making calls to residential telephone numbers was not liable for alleged violations of the Telephone Consumer Protection Act (TCPA) where the calls were made on behalf of a nonprofit, according to a recent decision...more
Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more
An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more
In the face of significant opposition from virtually all quarters, All About The Message, LLC (AATM), has withdrawn its petition asking the Federal Communications Commission (FCC) for a declaratory ruling that a prerecorded...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
Willful blindness when it comes to the Telephone Consumer Protection Act (TCPA) could cost companies millions in statutory damages and penalties. Dish Network has been ordered in two cases to pay a total of $341 million based...more
On June 6, 2017, the US Court of Appeals for the DC Circuit denied the government’s request for an en banc rehearing of a March 31, 2017, decision that invalidated a decade-old Federal Communications Commission (FCC) rule...more
Does a prerecorded message delivered directly to the recipient’s voicemail constitute a “call” subject to the restrictions of the Telephone Consumer Protection Act (TCPA)? The Federal Communications Commission (FCC) is...more
Businesses and other stakeholders continue to grapple with what constitutes an “automatic telephone dialing system” (ATDS or autodialer) as it is defined in the Telephone Consumer Protection Act (TCPA). As noted previously,...more
In a March 31, 2017 ruling, the US Court of Appeals for the DC Circuit invalidated a 2006 Federal Communications Commission (FCC) rule requiring businesses to include opt-out notices on solicited fax advertisements sent with...more
The US Court of Appeals for the D.C. Circuit invalidated a rule issued by the Federal Communications Commission (FCC) in 2006 requiring businesses to include opt-out notices when the recipient has consented to receive the...more
With all the pomp, circumstance, and general political commotion surrounding the inauguration of President Donald J. Trump on January 20, 2017, it was easy to overlook one of his first acts in office: the appointment of Ajit...more
Consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). Indeed, in 2016, TCPA lawsuits remained one of the most filed types of class actions, and unsettled...more
The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS.
This publication reflects our in-depth analysis of significant Telephone Consumer...more
1/19/2017
/ Auto-Dialed Calls ,
Campbell Ewald v Gomez ,
Corporate Counsel ,
FCC ,
Popular ,
Prior Express Consent ,
Regulatory Agenda ,
Robocalling ,
Spokeo v Robins ,
TCPA ,
Telemarketing ,
Text Messages ,
VoIP
Utility companies continue to face ongoing litigation under the Telephone Consumer Protection Act (TCPA) that can arise from the use of automated communications with customers for purposes of marketing, customer servicing and...more
On November 16, 2016, the Federal Communications Commission (FCC) issued a final rule regarding the treatment of debt servicing and collection calls made by or on behalf of the federal government under the Telephone Consumer...more
The outcome of the 2016 presidential election has left many prognosticators scrambling to figure out the policy implications of the incoming Republican change in administration. Among countless other things, companies...more