Tag Archives: Robocalls

TCPA Is Unenforceable Since 2015 – Federal Courts in Louisiana and Ohio Rule

In late September, the United States District Court for the Eastern District of Louisiana issued a first of its kind  ruling regarding the Telephone Consumer Privacy Act (“TCPA”). The court held that TCPA provision,  47 U.S.C. § 227(b)(1)(A)(iii) – which prohibits calls (and messages) made using an Automatic Telephone Dialing Systems (“ATDS”)to any cellular telephone number … Continue Reading

Eleventh Circuit rejects incentive awards for class plaintiffs

Co-Author: Eric R. Magnus The Eleventh Circuit Court of Appeals recently ruled that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17, 2020). … Continue Reading

Supreme Court Will Take on The TCPA Again

Back in October of 2019, the U.S. Supreme Court was petitioned to review a Ninth Circuit ruling regarding the Telephone Consumer Privacy Act (“TCPA”) on the following issues: 1) whether the TCPA’s prohibition on calls made by an automatic telephone dialing system (“ATDS”) is an unconstitutional restriction of speech, and if so whether the proper … Continue Reading

Combating Improper Robocalls: The TRACED Act Signed into Law

In the final days of 2019, the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”) was signed into law to combat the increasing number of illegal robocall practices and other intentional violations of telemarketing laws. The TRACED Act, a bipartisan bill, first introduced in Congress in 2018, broadens FCC authority to levy Telephone … Continue Reading

D.C. Circuit Court Finally Rules on FCC’s 2015 TCPA Order

After two and a half years, the U.S. Court of Appeals for the District of Columbia issued a highly anticipated ruling reviewing the Federal Communications Commission’s (“FCC” or “Commission”) July 2015 Declaratory Ruling and Order (“2015 Order”) in which the FCC issued interpretative guidance on several aspects of the Telephone Consumer Protection Act (”TCPA”). Over … Continue Reading

FCC Releases TCPA Omnibus Declaratory Ruling

As anticipated, on July 10, 2015, the Federal Communications Commission (FCC) released its Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling which had previously been approved on June 18, 2015.  The Declaratory Ruling takes effect immediately. In short, the Declaratory Ruling provides numerous rulings including: Dialing equipment that simply has the capacity to store or … Continue Reading

FCC Strengthens Consumer Protections Under TCPA

Yesterday, the Federal Communications Commission (FCC) adopted a package of declaratory ruling which is meant to provide clarity to the Telephone Consumer Protection Act (TCPA).  This ruling was previously proposed by FCC Chairman Tom Wheeler on May 27, 2015. According to the FCC, the declaratory ruling is meant to protect consumers against unwanted robocalls and … Continue Reading
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