ATDS Archives - Page 2 of 2 - Klein Moynihan Turco

Facebook Argues Definition of “ATDS” and “Emergency” Call in TCPA Lawsuit

Leave a Comment / Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

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 […]

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FCC Digs In Its Heels on TCPA Autodialer Definition

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

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

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Human Intervention Defeats TCPA ATDS Claim

2 Comments / Blog, Journal, Telemarketing Law / David Klein

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

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Finally, Some Good TCPA News for Telemarketers . . . ?

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

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

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