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Statutory Interpretation The United States Federal Communications Commission Telecommunications

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Perkins Coie

Supreme Court Overrules Chevron; Courts Must Determine “Best” Meaning of Statutes Without Deference

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The Supreme Court of the United States has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). For 40 years, if an agency was interpreting an “ambiguous” provision of a statute it...more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

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As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

Troutman Pepper

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

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Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

Troutman Pepper

Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s...

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In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more

Shipkevich PLLC

FCC Rules Ringless Voicemails Fall Under TCPA and Require Consumer Consent

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On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more

Manatt, Phelps & Phillips, LLP

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more

Kelley Drye & Warren LLP

TCPA Tracker - September 2020

Recent News - FCC to Move Forward on STIR/SHAKEN at September 30 Meeting - On September 9, 2020 the FCC released a draft Second Report and Order for consideration ahead of their open meeting scheduled for September 30,...more

Womble Bond Dickinson

FCC Addresses TCPA ATDS Definition in Win for P2P Texting Platforms

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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

Womble Bond Dickinson

Court Rejects Theory in TCPA Case That SQL Server’s Supposed Capacity to Generate Numbers Makes Dialing System an ATDS

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In the face of mounting rulings from intermediate and lower courts requiring an ATDS to have the capacity to randomly or sequentially generate numbers (and thereby ruling out virtually all modern day list-based dialing...more

Hinshaw & Culbertson LLP

Circuit Split Created as Eleventh and Seventh Circuits Narrowly Interpret Definition of Auto-Dialer Under the TCPA

We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Disagrees with Ninth Circuit and Joins the Third and Eleventh Circuit in Adopting a Narrow Interpretation of ATDS

In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more

Womble Bond Dickinson

Narrow Definition of ATDS Prevails in the Seventh Circuit

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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

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Hogan Lovells

Eleventh Cir. Rejects Broad Reading of “Autodialer”

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On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Burr & Forman

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

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The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991.  However, since passage of the Act there has been considerable debate...more

Womble Bond Dickinson

Another District Court Within the Seventh Circuit Finds that an ATDS Requires a Device to Randomly and Sequentially Generate...

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The lower courts in the Seventh Circuit have been very active when it comes to the definition of an ATDS after ACA International v. FCC, 885 F.3d 687, 691 (D.C. Cir. 2018). The vast majority of the opinions coming out of the...more

Womble Bond Dickinson

District Court in the Fifth Circuit Holds that Predictive Dialers are Outside the Scope of the TCPA

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Last week, the Northern District of Texas gave us our first case out of the Fifth Circuit addressing the definition of an ATDS in the post-ACA International era. In Adams v. Safe Home Security, Inc. No. 3:18-CV-03098-M,...more

Womble Bond Dickinson

First Trial Court In Fourth Circuit Holds ATDS Requires Random or Sequential Number Generation

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For well over a year now since the D.C. Circuit’s opinion in ACA International v. FCC, the pendulum has swung back and forth amongst federal courts on the definition of an automatic telephone dialing system (ATDS) at...more

Womble Bond Dickinson

Ninth Circuit’s Marks Opinion Continues to Extend its Reach Across the Country

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In Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018), cert. dismissed, 139 S. Ct. 1289 (2019), the Ninth Circuit adopted an expansive definition of an ATDS that includes devices that dial from a stored list of...more

Ballard Spahr LLP

Ninth Circuit Case on TCPA Autodialer Definition Settles: What Does It Mean?

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In September 2018, in Marks v. San Diego Crunch, a unanimous U.S. Court of Appeals for the Ninth Circuit three-judge panel held that the TCPA's definition of an automatic dialing system (ATDS) includes telephone equipment...more

Womble Bond Dickinson

Marks v. Crunch Update: Petition for Writ of Cert Filed with U.S. Supreme Court, Seeking Further Clarity on the Definition of an...

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On January 28, 2019, petitioner Crunch San Diego, LLC, filed a petition for a writ of certiorari with the U.S. Supreme Court, asking the Court to review the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, 904 F.3d...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order

On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more

Ballard Spahr LLP

Petition for certiorari filed in Ninth Circuit TCPA case accepting broad definition of ATDS

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The defendant in Marks v. Crunch San Diego has filed a petition for certiorari with the U.S. Supreme Court seeking review of the Ninth Circuit’s September 2018 decision interpreting the TCPA’s automatic telephone dialing...more

Troutman Pepper

District Court Offers Clarification to Autodialer Definition in Telephone Consumer Protection Act

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Does a predictive dialer qualify as an “automatic telephone dialing system” (ATDS), thereby triggering the application of the Telephone Consumer Protection Act of 1991 (TCPA)?...more

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