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 […]
FCC Seeks Comment on New Autodialer Definition Read More »
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
D.C. Circuit Vacates FCC’s Autodialer Definition Interpretation Read More »
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
Does Yahoo Use an Autodialer in Violation of the TCPA? Read More »
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
TCPA Amended by 2015 Bipartisan Budget Agreement Read More »
August 11, 2015 On July 31, Facebook, Inc. (“Facebook”) submitted reply papers to the United States District Court for the Northern District of California, arguing that a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit must be dismissed. Facebook’s reply papers argued that the automatic text message notifications sent by Facebook to its users
Facebook Argues Definition of “ATDS” and “Emergency” Call in TCPA Lawsuit Read More »
July 20. 2015 On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications under the Telephone Consumer Protection Act (the “TCPA”). In the landmark ruling, the FCC doubled down on its expansive and controversial
FCC Digs In Its Heels on TCPA Autodialer Definition Read More »
May 7, 2015 While federal courts throughout the country continue to struggle with the question of what constitutes an automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”), one federal court has recently provided clarity. In McKenna v. Whispertext, the United States District Court for the Northern District of
Human Intervention Defeats TCPA ATDS Claim Read More »
As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers or pre-recorded messages, and has been the basis for several high profile class action lawsuits. Despite the multi-million dollar settlements resulting from TCPA violations, there may finally be some good news for telemarketers. What is an Autodialer
Finally, Some Good TCPA News for Telemarketers . . . ? Read More »
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