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 […]
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
GoDaddy did not use an Autodialer, TCPA Case Dismissed Read More »
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 »
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
FCC Calls for “Strike Force” to Combat Robocalls Read More »
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
Is a Carve Out to the TCPA in the Works? Read More »
January 27, 2016 On January 22, 2016, Yahoo!, Inc. (“Yahoo”) once again moved for summary judgment in the Telephone Consumer Protection Act (“TCPA”) class action case entitled Dominguez v. Yahoo!, Inc., currently pending in the United States District Court for the Eastern District of Pennsylvania. Yahoo makes its motion following an earlier decision by the
Yahoo Continues Fight Over Definition of Autodialer Read More »
December 24, 2015 This week, the United States Court of Appeals for the Seventh Circuit affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit alleging autodialer- related liability against AllianceOne Receivables Management, Inc. (“AllianceOne”). The suit was brought by Wayne Norman, an individual with whom this firm
Seventh Circuit Dismisses Autodialer TCPA Case Read More »