TCPA

FCC Grants 117 Limited TCPA Waivers for Fax Ads

September 3, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) granted retroactive Telephone Consumer Protection Act (“TCPA”) waivers to 117 marketers that allegedly delivered fax advertisements without mandatory opt-out information. The Commission issued the waivers in large part due to an FCC drafting error in 2006. Are all marketers off the hook […]

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FCC Ruling: TCPA Governs eFax Ads

September 1, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) confirmed that efax ads fall within the regulations of the Telephone Consumer Protection Act (the “TCPA”). The Commission’s declaratory ruling was issued in response to a petition for clarifications filed by Westfax, Inc. (“Westfax”) almost six years earlier. Should marketers send efax

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Human Intervention the Focus in TCPA Autodialer Case

August 21, 2015 This Wednesday, the U.S. District Court for the Northern District of California granted summary judgment in favor of defendant Shac, LLC (“Shac”) in a proposed class action under the Telephone Consumer Protection Act (“TCPA”). The court determined that the promotional text messaging system used by Shac involved human intervention and, therefore, was

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CVS Hit with TCPA Class Action Lawsuit

On August 11, 2015, a putative class action lawsuit was filed against CVS Pharmacy, Inc. (“CVS”) in the United States District Court for the Middle District of Louisiana, alleging that the pharmacy violated the Telephone Consumer Protection Act (“TCPA”). The lawsuit also names West Corporation (“West”), the party alleged to have made/sent the subject unlawful

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South Carolina Anti-Robocall Statute Ruled Unconstitutional

August 12, 2015 Last week, the United States Court of Appeals for the Fourth Circuit struck down a South Carolina anti-robocall statute. The Circuit Court determined that the South Carolina law unconstitutionally regulated free speech in violation of the First Amendment. What about the South Carolina anti-robocall statute made it unconstitutional?

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

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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TCPA text messaging

FCC Creates TCPA Exemption for One-Time, On-Demand Text Messages

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 relating to the Telephone Consumer Protection Act (the “TCPA”). In its response to one such petition filed by the Retail Industry Leaders Association (“RILA”),

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FCC Exempts Certain App Providers from TCPA Initiator Regulation

July 21, 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 relating to the Telephone Consumer Protection Act (the “TCPA”). While addressing three such petitions from mobile application (“app”) providers YouMail, Inc. (“YouMail”), Glide

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