ATDS Archives - Klein Moynihan Turco

Facebook TCPA case explained by KMT's telemarketing TCPA lawyers

BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case

On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have […]

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TCPA News: FCC Seeks Public Comment on ATDS Definition

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

October 5, 2018 A recent decision out of the Ninth Circuit Court of Appeals has led the Federal Communications Commission (“FCC”) to issue a new public notice for comment on what constitutes an “automatic telephone dialing system” (“ATDS”) for purposes of compliance with the Telephone Consumer Protection Act (“TCPA”). The TCPA news just keeps coming.

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Second Circuit Follows D.C. Circuit’s Reasoning in Vacating FCC’s Interpretation of an Autodialer

Blog, Internet Law, Journal, Telemarketing Law / David Klein

July 5, 2018 On June 29, 2018, the United States Court of Appeals for the Second Circuit issued a decision following the reasoning of the D.C. Circuit Court of Appeals’ recent decision rejecting, as unclear, the interpretation of the definition of an automatic telephone dialing system (“ATDS” or “autodialer”) that had been employed by the

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TCPA Lawsuit Tests Definition of ATDS After ACA International

Blog, Journal, Telemarketing Law / David Klein

June 20, 2018 Aaron’s Inc. (“Aarons”), a prominent lessor of furniture, appliances and electronics, was recently named as a defendant in a nationwide class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”). This TCPA lawsuit is one of many recent cases that involve the definition of automatic telephone dialing systems (“ATDS”) within

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FCC Seeks Comment on New Autodialer Definition

Blog, Journal, Telemarketing Law / David Klein

May 17, 2018 In March 2018, the United States Court of Appeals for the D.C. Circuit issued a decision vacating portions of the Federal Communications Commission’s (“FCC”) 2015 Order. This decision will have a profound impact on how the Telephone Consumer Protect Act (“TCPA”) and its implementing regulations will be both interpreted and revisited in

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D.C. Circuit Vacates FCC’s Autodialer Definition Interpretation

Blog, Internet Law, Journal, Telemarketing Law / David Klein

February 20, 2018 Late last week, the United States Court of Appeals for the D.C. Circuit issued its long-awaited decision on the challenge to the Federal Communications Commission’s (“FCC”) 2015 Order interpreting the Telephone Consumer Protect Act (“TCPA”). While the D.C. Circuit touched upon various aspects of the FCC’s 2015 Order, it was particularly pointed

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Does Yahoo Use an Autodialer in Violation of the TCPA?

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

December 16, 2015 On December 14, 2015, the United States District Court for the Southern District of California denied a motion for summary judgment filed by Yahoo! Inc. (“Yahoo”) which claimed that human intervention removed one of its text messaging platforms from the definition of “autodialer” within the meaning of the Telephone Consumer Protection Act

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TCPA Amended by 2015 Bipartisan Budget Agreement

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

October 30, 2015 The United States Senate today approved a two-year budget deal that amends the Telephone Consumer Protection Act (“TCPA”). Specifically, the TCPA amendment will authorize the use of automated telephone dialing systems (“ATDS”) to call cellular telephones (without consumer consent) for the purpose of collecting debts owed to the United States government. How

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