The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition...more
When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more
On September 21, the FCC’s Consumer and Governmental Affairs Bureau issued a declaratory ruling clarifying that businesses advertised via fax should not face “sender liability” for unsolicited faxes sent without prior...more
On September 21, 2020, the FCC’s Consumer and Governmental Affairs Bureau issued a Declaratory Ruling resolving a petition that sought confirmation that in instances in which an advertiser is “stripped of [its] ability to...more
On December 9, 2019, the Federal Communications Commission (FCC or Commission) released a declaratory ruling in which it found that online fax services that receive unsolicited fax advertisements “sent as email over the...more
In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more
FCC Continues Review of Comments on NPRMs and Petitions, Meets with Stakeholders - The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any...more
Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more
In a decision that may have ripple effects in other pending Telephone Consumer Protection Act actions, on June 2, 2018, the US District Court for the Middle District of Florida issued a stay in Scoma Chiropractic, P.A. v....more
Oppositions to a petition for certiorari were recently filed with the United States Supreme Court urging the Court to reject a proposed appeal filed by serial Telephone Consumer Protection Act (TCPA) plaintiffs seeking review...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
The Consumer Bankers Association (CBA) and the United States Chamber of Commerce have joined the legal challenge to the Federal Communications Commission (FCC)'s July declaratory ruling and order ("FCC Ruling") responding to...more
The FCC’s pro-consumer July 10, 2015 Declaratory Ruling and Order creates new and increased TCPA compliance and litigation challenges for businesses. ACA International previously filed a lawsuit seeking judicial review of the...more
New Bill Would Create Criminal Penalties for TCPA Violations - Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act? The answer might be "yes" if a bill introduced by Sen....more
Kelley Drye’s Communications Practice Group presents this comprehensive tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in...more