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Estate Planning During Divorce (Part 2)
On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more
At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act...more
Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends. Please review the deadlines below and contact us if you would like assistance or have...more
As we recently previewed, the Federal Communications Commission (FCC) published its Proposed Rule that would codify its updated guidance on the Telephone Consumer Protection Act (TCPA). The TCPA regulates calls and text...more
On June 29, 2023, the Federal Communications Commission (FCC or Commission) issued a notice of proposed rulemaking clarifying how consumers may revoke consent to receive calls or texts under the Telephone Consumer Protection...more
CASES OF NOTE - FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking - The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA,...more
The Telephone Consumer Protection Act (“TCPA”) and implementing rules by the Federal Communications Commission (“Commission”) bar many types of calls or texts without first having obtained the consent of the called party....more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act (TCPA) lawsuit, although it sent the issue of whether the plaintiff effectively revoked...more
A recent case out of the Seventh Circuit Court of Appeals reaffirmed its prior decision in Gadelhak v. AT&T Services that only a system with “the capacity to generate random or sequential numbers” qualifies as an ATDS. In...more
Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020). Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more
While the Federal Communications Commission (“FCC”) has been clear that the Telephone Consumer Protection Act (“TCPA”) allows a consumer to revoke consent through “any reasonable means,” federal courts have been grappling...more
The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive...more
On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more
On March 3, the Third Circuit upheld the Eastern District of Pennsylvania’s judgment in favor of a repeat player in TCPA litigation, concluding that the plaintiff had standing to sue because the calls in question went to his...more
The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more
The Southern District of Florida recently granted a defendant’s motion for summary judgment on certain aspects of a plaintiff’s TCPA claim because plaintiff could not establish that defendant used an ATDS to call her cell...more
NOT LEGAL ADVICE, NOT LEGAL ADVICE, NOT LEGAL ADVICE–DON’T RELY ON THIS–CONSULT AN ATTORNEY - Every once in a while we get some questions from our loyal readers. Thought I’d take a minute and provide a few answers where I...more
As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more