The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope of equipment that courts deem […]
Second Circuit Decision Deepens TCPA Law Split Read More »
The United States Court of Appeals for the Third Circuit recently issued a ruling on the issue of whether faxes sent on behalf of Cephalon, Inc. (“Cephalon”) were transmitted in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA fax decision focuses on: 1) whether the faxes were unsolicited; and 2) even if they
Appeals Court Clarifies TCPA Fax Law Read More »
A California-based marijuana delivery company, Eaze Technologies, Inc. formerly known as Eaze Solutions, Inc. (“Eaze”), is seeking to have Telephone Consumer Protection Act (“TCPA”) violation claims against it sent from federal district court to arbitration. If Eaze obtains a ruling in its favor, it would follow a nationwide trend in TCPA law involving courts enforcing
TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit Read More »
December 27th, 2019 In an important decision concerning the Junk Fax portions of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) recently issued a declaratory ruling clarifying the scope of the TCPA fax exemption. The ruling came in response to a petition filed by Amerifactors Financial Group, LLC (“Amerifactors”) requesting clarification from
FCC Clarifies TCPA Fax Exemption Read More »
December 10th, 2019 The US House of Representatives recently passed the “Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act,” or “TRACED Act.” If written into law, the TRACED Act would implement a number of changes to the TCPA landscape, such as the creation of a new Interagency Working Group and new anti-spoofing requirements. Most
TRACED Act Contains New TCPA Penalties Read More »
December 6, 2019 This week, Governor Andrew Cuomo signed a bill enacting the Nuisance Call Act, a telemarketing law aimed at curbing the receipt of unwanted commercial telephone calls by New York residents. The law is intended to build upon the State’s Do-Not-Call Law, which went into effect in 2001. How does the new telemarketing
New York Enacts New Telemarketing Law Read More »
What is the TCPA? The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991. On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect. The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing
Help! I Was Named Personally in a TCPA Lawsuit Read More »
A United States District Court for the Central District of California recently ruled that a plaintiff who provided her telephone number to purchase an airline ticket gave “prior express consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”) to be contacted by or on behalf of the airline. The action involved an airline
California Court Defines “Prior Express Consent” under the TCPA Read More »
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