Archives: TCPA

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Good News for Marketers: Federal Court Rolls-Back FCC’s 2015 TCPA Regulations

A D.C. Circuit Court has ruled that the Federal Communications Commission (FCC) under President Barack Obama overreached in part when it issued its 2015 order providing guidance and interpreting the Telephone Consumer Protection Act (TCPA) in an attempt to rein-in robocalls and unwanted text messages. This long-awaited ruling in—ACA International, et al., v. Federal Communications … Continue Reading

Willful or Knowing Violation of the TCPA: Treble Damages and What Businesses Should Know

A U.S. District Court signaled that deterrence was a significant factor in awarding treble damages in a Telephone Consumer Protection Act (“TCPA“) lawsuit. The United States District Court for the Middle District of North Carolina Judge Catherine C. Eagles (the “Court“) denied to reduce or set aside a $61 million judgment against Dish Network LLC … Continue Reading

The FCC TCPA Order: What Does My Business Need To Know?

This Post Was Co-Authored by Partner, Justine Gottshall and Counsel, Brian Schaller The Federal Communications Commission (“FCC”) released its TCPA Omnibus Declaratory Ruling and Order (“Order”) regarding the Telephone Consumer Protection Act (“TCPA”) on July 10, 2015, which Chairman Tom Wheeler announced via a blog post and FAQ’s in late May. InfoLawGroup previously discussed the potential … Continue Reading

Possible Issues with FCC’s Clarifications to the TCPA

The Federal Communications Commission (“FCC”) adopted a package of declaratory rulings regarding the Telephone Consumer Protection Act of 1991 (“TCPA”), which the dissenting Commissioners warn could cause issues for businesses that communicate with their customers via phone or text messages.  InfoLawGroup discussed this vote and issue in a previous post.  Last week the rulings passed … Continue Reading

Litigation, Litigation, Go Away, Come Again Another Day: TCPA Lawsuit Stayed Pending FCC’s Resolution of Issues

Last week, a Seattle federal court granted the ridesharing company Lyft’s motion to stay a TCPA class action lawsuit brought against it pending resolution of two recent petitions for declaratory rulings currently before the FCC. The court noted that a ruling in the FCC petitions may resolve the issues in the case and ordered the … Continue Reading

New Connecticut Mini-TCPA Provides for Giant Penalties and Attorneys’ Fees

Companies sending text messages or conducting voice telemarketing in Connecticut beware! Connecticut has substantially amended its telemarketing law (the “mini-TCPA”), which now may regulate even more conduct than the federal TCPA – particularly, push notifications and in-app messages. In addition, the mini-TCPA provides for reasonable attorneys’ fees, which may present an incentive for plaintiffs to … Continue Reading

Two FCC TCPA Orders Address Consent through an Intermediary, Provide First TCPA Exemption, and Hint at Future Directions

The FCC recently issued a Declaratory Ruling and an Order that provide some clarity in the TCPA arena and create a new exemption for certain types of text messages and calls. In sum, the FCC clarified that a company may obtain “prior express consent” through an intermediary for the purpose of sending administrative text messages. … Continue Reading

Decision Holds “Prior Express Consent” To Send Transactional Text Messages is Present When Consumer Simply Provides Their Mobile Number; District Courts Split on Issue

In a recent decision, United States District Judge Stephen V. Wilson granted summary judgment to defendant Sabre Inc. (“Sabre”) on the basis that the plaintiff provided her “prior express consent” to receive text messages simply by providing her mobile number on a contact form. Baird v. Sabre Inc., Case No. CV 13-999 (C.D. Cal. Jan. … Continue Reading

There’s Still Time Left To Comply: TCPA’s “Prior Express Written Consent” Requirement for Certain Text Messages and Calls Becomes Effective October 16

A friendly reminder: effective October 16, 2013, the FCC’s rules implementing the Telephone Consumer Protection Act of 1991 (“TCPA”) will require “prior express written consent” before a business may: Send advertising or telemarketing text messages using an “automatic telephone dialing system” (“ATDS”); or Initiate an advertising or telemarketing phone call to a mobile phone number … Continue Reading

Three Recent TCPA Cases Illustrate Divergent Treatment of Similar Conduct

Three recent TCPA cases involving similar facts highlight the subtle differences that may – and may not -subject a TCPA claim to binding arbitration and/or result in an outright dismissal. In Pinkard v. Wal-Mart Stores, Inc., the court granted a motion to dismiss where the defense of consent appeared on the face of the complaint. … Continue Reading

Chesbro v. Best Buy Stores, L.P.: Court Rejects Defense of “Informational” Calls

Andrew Hoffman contributed to this post. What makes an automated call “telemarketing” versus “informational”? It might be less than you think. In a recent ruling out of the Ninth Circuit, Chesbro v. Best Buy Stores, L.P., the Court has ruled that certain calls are telemarketing calls subject to the TCPA, even if the calls do not explicitly … Continue Reading