Autodialer

TCPA ATDS

Supreme Court Hears Argument to Settle TCPA ATDS Definition

The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid.  The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition.  For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been …

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TCPA News: FCC Seeks Public Comment on ATDS Definition

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

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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GoDaddy did not use an Autodialer, TCPA Case Dismissed

May 21, 2018 On May 14, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed by Plaintiff John Herrick (“Herrick”) in the United States District Court for the District of Arizona against Defendant GoDaddy.com, LLC (“GoDaddy”) was dismissed. The TCPA prohibits the making of any call, including sending text messages, using an automatic …

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FCC Seeks Comment on New Autodialer Definition

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

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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FCC Calls for “Strike Force” to Combat Robocalls

July 28, 2016 Federal Communications Commission (the “FCC”) Chairman, Tom Wheeler, last week encouraged the major wireless and wireline telecommunications carriers to offer cost-free call-blocking services to customers.  This week, AT&T announced that it has heeded that call to action and will form a strike force to come up with a plan to prevent robocallers …

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Is a Carve Out to the TCPA in the Works?

February 25, 2016 In the fall of 2015, Congress quietly slipped a provision into a budget bill that directed the Federal Communications Commission (“FCC”) to adopt implementing regulations for a proposed exemption to the Telephone Consumer Protection Act (“TCPA”). Last week, a draft rule was circulated to the full FCC which aims to protect certain …

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