A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act (“TCPA”) contains a narrow definition of “autodialer.” Undermining a favorite argument used by TCPA plaintiffs, the Court in Hufnus v. DoNotPay, Inc. found that, to qualify as an autodialer, dialing equipment must use a random or sequential […]
Court Clarifies What a TCPA Number Generator Is Read More »
In April, the U.S. Supreme Court settled the question of what qualifies as an autodialer (also called an automatic telephone dialing system) under the Telephone Consumer Protection Act (“TCPA”) in its decision in Facebook v. Duguid. The Court ultimately held that a TCPA autodialer must use a random or sequential number generator to store phone
Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims Read More »
Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”). TCPA standing requires that a plaintiff allege a concrete injury beyond just a pure statutory violation. The question raised by a recent opinion from the Fifth Circuit Court of Appeals
Split Decision: 5th and 11th Circuits Diverge on TCPA Standing Read More »
If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using the phone is often an
The Critical Role that the TCPA Plays in Outbound Telemarketing Read More »
Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This is particularly relevant in the case of class action litigation, begging the question: can a class of wrong-number call/text recipients get certified? A recent decision by a federal district court
TCPA Wrong Number Litigation: A Class Action Story Read More »
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
SCOTUS Hears Argument to Settle TCPA ATDS Definition Read More »
In a landmark decision that could have widespread and significant implications, the United States District Court for the Eastern District of Louisiana has ruled that the Telephone Consumer Protection Act (“TCPA”) was unconstitutional from 2015 to 2020. In doing so, the Court vacated claims that TCPA law had been violated in connection with calls received
TCPA Law Ruled Unconstitutional Read More »
On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones.
Consent To Call? Internet Leads and the Telephone Consumer Protection Act Read More »