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Telecommunications Corporate Counsel The United States Federal Communications Commission

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

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Manatt, Phelps & Phillips, LLP

Use of Artificial Intelligence in Calling Activity Presents TCPA Compliance Considerations

Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more

Troutman Pepper

Ninth Circuit Reverses Dismissal of Lawsuit Challenging Unwanted Business Texts Holding TCPA Protection Extends to Business...

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On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com,...more

Troutman Pepper

Anti-Robocall Litigation Task Force Targets Facilitators of Foreign Illegal Robocalls

Troutman Pepper on

Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Telephone Consumer Protection Act Landscape Post-Duguid

Key Points Telephone Consumer Protection Act (TCPA) litigation continues to pose significant risks to businesses that use calls, texts and faxes to engage with consumers. The U.S. Supreme Court’s unanimous decision in...more

Manatt, Phelps & Phillips, LLP

Request to Stop Text Messages Trumps Emergency Exception

A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act (TCPA), a Florida federal court recently ruled. Linda Farhat sued...more

Troutman Pepper

Where the Buck Stops in TCPA Suits: Not With the Company, But With Controlling Director, Says Court

Troutman Pepper on

Companies are not the only ones with exposure in consumer protection suits, as a defendant company’s director was reminded earlier this month in Zoppi v. Proform Trading LLC, No. 2:21-cv-2307 (D.N.J. Dec. 9, 2021). There, the...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - September 2021

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

Brownstein Hyatt Farber Schreck

The FCC Reverses Course—Finds Government Contractors Subject to the TCPA

The Telephone Consumer Protection Act (TCPA) bars certain types of automated calls without first obtaining the consent of the called party. Indeed, with uncapped statutory damages, the TCPA is a staple of the plaintiff’s bar,...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

Jackson Lewis P.C.

Two More Significant Rulings For TCPA Litigation – Eleventh And Seventh Circuits Narrowly Interpret ATDS

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In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding...more

Manatt, Phelps & Phillips, LLP

Circuit Split Continues: Eleventh Circuit Rejects Expansive ATDS Definition

Deepening a circuit split, the Eleventh Circuit has weighed in on the hotly debated issue of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) and has notably...more

Burr & Forman

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

Burr & Forman on

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

Blank Rome LLP

TRACED Act Further Expands Scope of Telephone Consumer Protection Act Liability

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In response to the rising number of unwanted robocalls, Congress passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, Public Law No: 116-105, signed into law by President...more

Brownstein Hyatt Farber Schreck

Robocall Legislation Moves Forward

Compromise robocall legislation, called the Pallone-Thune TRACED Act (“Act”), is likely to be enacted soon. The Act enhances the Federal Communications Commission’s (“FCC”) enforcement powers, mandates adoption of the...more

Eversheds Sutherland (US) LLP

Nobody knows what an autodialer is under the Telephone Consumer Protection Act – and that’s a problem

More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing system” (ATDS or autodialer)...more

Pillsbury - Gravel2Gavel Construction & Real...

Two Decisions by Federal Appeals Courts Uphold Agency Deference

Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to...more

Alston & Bird

The TCPA: After an Eventful 2018, Further Hope for 2019

Alston & Bird on

Our TCPA Counseling & Litigation Team provides an overview of Telephone Consumer Protection Act news from 2018, highlighted by the D.C. Circuit’s ACA International decision, and a preview of a Supreme Court case coming in...more

Akin Gump Strauss Hauer & Feld LLP

FCC Approves Order Addressing Reassigned Number Database and Accompanying Safe Harbor

• Companies across industries have been facing TCPA litigation based upon calls and text messages to reassigned telephone numbers. • On December 12, 2018, the FCC—with the support of many parties and industry groups—voted...more

Polsinelli

New Ripples in TCPA Law

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Telephone Consumer Protection Act (“TCPA”) litigation is on the rise. Given the TCPA’s significant penalties of $500-$1500 per call, text or facsimile, the potential for firm-changing liability is a real threat. ...more

Fox Rothschild LLP

Courts Split On Definition Of ‘Automatic Telephone Dialing System,’ Creating Confusion

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In a ruling that creates confusion for businesses that call or text consumers, the U.S. Court of Appeals for the Ninth Circuit has adopted an expansive definition of what constitutes an “automatic telephone dialing system” or...more

Bradley Arant Boult Cummings LLP

Can You Hear Me Now? Important Considerations for Avoiding Penalties under the TCPA after ACA International

In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of...more

Akin Gump Strauss Hauer & Feld LLP

Bargained-For Consent: An Increasingly Viable Defense to TCPA Claims

• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system. • While numerous courts have ruled that a party...more

Womble Bond Dickinson

That’s Alarming: Another Court Finds that Predictive Dialer Calls are Robocalls Covered by the TCPA

Womble Bond Dickinson on

Keep up everyone. In the last few days we’ve seen a flurry of developments on the ATDS definition. First came Lord and Dominguez requiring random or sequential number generation. Then came Pinkus holding that predictive...more

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