Today, the Supreme Court issued its decision in Facebook v. Duguid, adopting a narrow interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA) and resolving the circuit split we previously described here and here. In effect, the Supreme Court’s opinion means that to qualify as an “automatic telephone dialing system” (ATDS) under the TCPA, a … Continue Reading
On December 30, 2020, the Federal Communications Commission (“FCC”) released a Report and Order (“Order”) that imposed certain new restrictions on nonmarketing prerecorded calls to residential lines. The action was in response to Congress’s mandate in the TRACED Act that the FCC reevaluate certain exemptions the agency previously granted regarding the consent requirements for prerecorded … Continue Reading
Last week, an Ohio district court found that violations of the Telephone Consumer Protection Act (“TCPA”) occurring between 2015 and July 2020 cannot be enforced because the law was unconstitutional at the time. The case is captioned Lindenbaum v. Realgy, LLC, No. 19-CV-02862 (N.D. Ohio), and the opinion builds on an earlier decision from a … Continue Reading
Last week, the Federal Communications Commission (FCC) issued a notice of proposed rulemaking (NPRM) seeking comment on a proposal to review and potentially revise a number of existing exemptions that the FCC has adopted with respect to certain Telephone Consumer Protection Act (TCPA) requirements. The FCC’s review could end up narrowing or eliminating some of … Continue Reading
Today, the Supreme Court issued its decision in Barr v. American Association of Political Consultants, which addressed the constitutionality of the Telephone Consumer Protection Act (TCPA). Although the Court splintered in its reasoning—producing four separate opinions—the justices nevertheless coalesced around two core conclusions: (1) the TCPA’s exception for government debt collection calls is unconstitutional, and (2) the … Continue Reading
Earlier this week, the Federal Communications Commission’s (FCC’s) Consumer and Government Affairs Bureau released a Declaratory Ruling clarifying the agency’s interpretation of the “Automatic Telephone Dialing System” (an “autodialer” or “ATDS”) definition in the Telephone Consumer Protection (TCPA). The Ruling clarified that, in the context of a call or text message platform, the definition does … Continue Reading
Yesterday, the Supreme Court heard oral argument (by telephone) in Barr v. American Association of Political Consultants, a case that centers on the constitutionality of the Telephone Consumer Protection Act (TCPA), and, more specifically, the prohibition on transmitting automated calls or texts to mobile telephone numbers without prior express consent. Given the litigious environment surrounding … Continue Reading
The Eleventh Circuit has issued a unanimous decision in Medley v. Dish Network, LLC, holding that the Telephone Consumer Protection Act (TCPA) does not permit consumers to unilaterally revoke their consent to receive automated calls or texts, if that consent is given in a bargained-for contract. The decision could have important implications for businesses that … Continue Reading
With the adoption of two recent orders, the Federal Communications Commission (“FCC”) continues to implement the TRACED Act. In the first of these orders, the FCC established a deadline by which certain voice services provides must adopt and implement the SHAKEN/STIR call authentication framework. In the second of these orders, the FCC established the registration … Continue Reading
Earlier this week, the Federal Communications Commission (“FCC”) took another step toward implementing the TRACED Act by announcing that it is seeking nominations for the Hospital Robocall Protection Group. As we previously explained, the TRACED Act was enacted with the aim of curbing unwanted robocalls. One of the law’s provisions directs the FCC to establish … Continue Reading
Yesterday, the Federal Communications Commission (“FCC”) on its own motion released a Declaratory Ruling to confirm that the COVID-19 pandemic constitutes an “emergency” under the Telephone Consumer Protection Act (“TCPA”); as a consequence, hospitals, health care providers, state and local health officials, and other government officials may lawfully communicate through automated or prerecorded calls (which … Continue Reading
Last week, the Seventh Circuit issued a decision in Physicians Healthsource, Inc., v. A-S Medication Solutions, LLC, a case that could have important implications for fax marketing. The court found that the consent required under the Telephone Consumer Protection Act (TCPA) to send an unsolicited fax advertisement must satisfy highly specific standards and potentially cannot … Continue Reading
The Seventh Circuit has issued a unanimous decision in Gadelhak v. AT&T Services, adopting a narrow interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA). This decision is in line with a recent ruling from the Eleventh Circuit (which we analyzed here) but departs from the Ninth Circuit’s approach—deepening a circuit … Continue Reading
The Eleventh Circuit has issued a decision in Glasser v. Hilton Grand Vacations Company that rejects an expansive interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA)—an interpretation that has been embraced by the Ninth Circuit. The decision therefore creates a circuit split that could increase the possibility the Supreme Court … Continue Reading
The California Supreme Court has agreed to take up the question of whether a commercial general liability policy that covers “personal injury”—which, in relevant part, is defined as injury that arises out of a violation of an individual’s “right of privacy”—triggers the insurer’s duty to defend the insured against a claim that the insured violated … Continue Reading
