Tag Archives: Telephone Consumer Protection Act

Will the Passing of Justice Ginsburg Impact the Future of the TCPA?

The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg will likely bring with it many shifts in the Court on key issues, among which are matters regarding the Telephone Consumer Protection Act (TCPA), most imminently –  what qualifies as an auto dialer. The TCPA has been ever evolving in recent years as courts and … 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

Supreme Court Weighs in on TCPA Constitutionality

In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to … Continue Reading

FCC’s Declaratory Ruling on the TCPA’s “Emergency Purposes” Exception During COVID-19: Does it apply to Workplace Correspondence?

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated dialing equipment or prerecorded voice messages to make calls, send text messages, or send faxes absent prior consent of the called party. This includes calls or texts to cellular phone numbers as well as calls to residential lines. There are limited exceptions to … Continue Reading

Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS

In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding that the TCPA’s definition of Automatic Telephone Dialing System (ATDS) only includes equipment that is capable of storing or producing numbers using a “random or sequential” number … Continue Reading

The Supreme Court and the Future of the TCPA

In a decision that may have significant impact on businesses that face Telephone Consumer Protect Act (“TCPA”) related class action litigation, the Supreme Court recently accepted certiorari of a petition to rule on the constitutionality of the TCPA. The Court agreed to review a ruling of the Fourth Circuit which held that a TCPA exemption … 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

FCC Rules Online Faxes Are TCPA Exempt

The Telephone Consumer Protect Act (“TCPA”) has seen lots of action in 2019, and in the final days of the year the Federal Communications Commission (“FCC”) issued a significant ruling concluding that “online fax services” i.e. e-faxes are outside the scope of the TCPA. The FCC’s ruling effectively prevents the common “junk fax” class action … Continue Reading

The Circuit Split Over the Definition of ATDS Under the TCPA Continues

When the Telephone Consumer Protection Act (TCPA) was enacted in 1991, most American consumers were using landline phones, and Congress could not begin to contemplate the evolution of the mobile phone. The TCPA defines Automatic Telephone Dialing System” (ATDS) as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using … Continue Reading

The U.S. Supreme Court Will Rule on FCC Interpretation of the TCPA

Late last year, the U.S. Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic (No. 17-1705), addressing the issue of whether the Hobbs Act requires the district court to accept the Federal Communication Commission’s (FCC’s) legal interpretation of the Telephone Consumer Protection Act (TCPA). In 1991, Congress passed the TCPA to … 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

Unsolicited Call Without Charge Held a Violation of TCPA

Recently, the United States Court of Appeals was called upon to determine whether an unsolicited call that did not result in a charge to the consumer violated the Telephone Consumer Protection Act (“TCPA”) and, if it did, was the harm sufficiently concrete to provide plaintiff with standing to sue. Susinno v. Work Out World, Inc. … Continue Reading

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer. Plaintiff brought this class action seeking $1.8 billion in damages by alleging that the company’s practice … Continue Reading

No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on the recent decision by the United States Supreme Court in Spokeo, Inc. v. Robins. The named plaintiff, Norreen Susinno, filed a … Continue Reading

Motion to Deny Class Certification Under TCPA Granted

The U.S. District Court for the Southern District of California recently granted Wilshire Consumer Capital’s (WCC) motion to deny class certification in a putative class action filed under the Telephone Consumer Protection Act (TCPA). The named plaintiff, Alu Banarji, filed suit after receiving numerous telephone calls on her cell phone.  According to the Court, Ms. Banarji’s … Continue Reading

6 Best Practices For Avoiding TCPA Violations As The Scope Of Liability Under The Statute Swells

As we have previously discussed, the Federal Communications Commission (the “FCC”) recently issued a Declaratory Ruling (“Declaratory Ruling”) that, among other things, likely exposes companies to even greater liability under the Telephone Consumer Protection Act (the “TCPA”). The TCPA regulates communications, from companies to their consumers, that utilize an automatic telephone dialing system (“ATDS”).  Under the … 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

FCC Chairman Circulates Proposal to Address TCPA Violations

Last week, Federal Communications Commission (FCC) Chairman Tom Wheeler circulated proposed declaratory rulings to provide clarity for consumers and businesses regarding the Telephone Consumer Protection Act (TCPA).  The proposal addresses two dozen petitions that sought clarity on how the FCC enforced the TCPA.  In addition to circulating his proposal to the other FCC commissioners for … Continue Reading

NJ Amends Do Not Call Law

Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request. While many companies focus on complying with the Telephone Consumer … Continue Reading
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