TCPA

FCC Digs In Its Heels on TCPA Autodialer Definition

July 20. 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 under the Telephone Consumer Protection Act (the “TCPA”). In the landmark ruling, the FCC doubled down on its expansive and controversial […]

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Time Warner Hit with $230k Autodialer Judgment

July 9, 2015 The U.S. District Court for the Southern District of New York has awarded a Time Warner Cable Inc. (“TWC”) customer $229,500 in connection with 163 autodialed calls placed to her cell phone over a 13-month period. The calls were placed using an interactive voice response system (“IVR”) that was meant to call

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PayPal Overhauls Telemarketing Consent Language in User Agreement

July 2, 2015 This Monday, PayPal, Inc. (“PayPal”) apologized to its customers and overhauled controversial telemarketing consent language in its recently revised User Agreement. PayPal’s decision follows a pair of sharply worded letters delivered to the company three weeks ago by the New York Attorney General’s Office (“NYAG”) and Federal Communications Commission (“FCC”), which questioned

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Wyndham Faces Class Action TCPA Lawsuit

June 26, 2015 On June 8, a class action lawsuit was filed in the United States District Court for the Central District of California alleging that Wyndham Vacation Resorts, Inc. (“Wyndham”) violated the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff alleges that Wyndham “placed multiple calls in a single day to Plaintiff’s

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FCC Narrowly Adopts TCPA Declaratory Ruling

June 23, 2015 In its Open Meeting last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) adopted what has been called a “package of declaratory rulings.” The narrowly passed TCPA Declaratory Ruling and Order (FCC 15-72), which has not yet been officially released, will address 21 petitions and other requests for clarity concerning the

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TCPA Does Not Apply to Informational Faxes

June 19, 2015 On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides

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FCC and NYAG Warn PayPal: That’s Not TCPA Consent

June 16, 2015 The hits just keep on coming for PayPal, Inc. (“PayPal”). Last Thursday, two days after PayPal and eBay, Inc. (“eBay”) received a list of demands from the New York Attorney General’s office (the “NYAG”), the Federal Communications Commission (the “FCC” or “Commission”) delivered a letter to PayPal, rejecting the company’s attempt at

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NYAG Questions Robocall Consent Language in eBay, PayPal User Agreements

June 12, 2015 This Tuesday, Ms. Kathleen McGee, Internet Bureau Chief for the New York Attorney General’s Office, scrutinized the recently revised User Agreements of eBay, Inc. (“eBay”) and PayPal, Inc. (“PayPal”), respectively. Specifically, the NYAG has questioned certain robocall consent provisions contained in these agreements, which purportedly authorize the sending of autodialed and/or prerecorded

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