Tag Archives: TCPA

FCC Fines Calling Platform $2.88 Million for TCPA Violations

Last week, the FCC issued a forfeiture order against Dialing Services, LLC (“Dialing Services”) $2,880,000, finding that Dialing Services made automated calls to wireless phones without prior express consent, in violation of the Telephone Consumer Protection Act (“TCPA”).  Dialing Services is a platform that offers automated calling services to its customers, and this Order is … Continue Reading

FCC Releases TCPA Enforcement Advisory Directed to Political Campaigns

Yesterday, the FCC released an Enforcement Advisory to remind political campaigns about their obligations under the Telephone Consumer Protection Act (“TCPA”).  The Advisory did not set forth any new rules for calls and texts; rather, it confirmed existing rules and reminded political campaigns that they are subject to them. The Advisory first confirmed that prerecorded … Continue Reading

Third Circuit: TCPA Suit By Roommate Who Answered Prerecorded Call Can Proceed

A man who alleges he received an unauthorized prerecorded call on the landline he shared with his roommate has standing to proceed with his lawsuit under the Telephone Consumer Protection Act (“TCPA”), the U.S. Court of Appeals for the Third Circuit ruled. Mark Leyse’s lawsuit against Bank of America alleges that a telemarketer advertising Bank … Continue Reading

Following TCPA Omnibus Order, Court Reaffirms Prior Ruling in Dismissing TCPA Text Message Lawsuit Against AOL

In one of the first decisions evaluating Telephone Consumer Protection Act (TCPA) claims under the FCC’s recent omnibus TCPA order, the Northern District of California dismissed a putative class action lawsuit alleging that AOL violated the TCPA when users of its Instant Messenger service (AIM) sent text messages to incorrect recipients.  After the court dismissed … Continue Reading

Ten Key Takeaways From Last Week’s TCPA Order

Last week, the Federal Communications Commission (FCC) released the text of its long-awaited order addressing certain aspects of the Telephone Consumer Protection Act (TCPA) and related FCC rules.  The order addressed a total of 21 petitions seeking “clarification or other actions” regarding the TCPA, principally in connection with automated calls and text messages. Although the … Continue Reading

FCC Ruling Tightens TCPA Restrictions; Dissenters Warn of Increased Class-Action Abuse

In an order adopted at Thursday’s Open Meeting, the Federal Communications Commission acted on 23 petitions or other requests for clarification regarding the application of the Telephone Consumer Protection Act, a federal law that restricts telemarketing  and certain other types of calls.  The FCC has issued a news release describing yesterday’s order as an effort to … Continue Reading

Court Dismisses Text-Message TCPA Suit Against AOL, Finding Instant Messaging Service Does Not Constitute an ATDS

On June 1, the Northern District of California dismissed a putative TCPA class action against AOL, finding that the plaintiff had failed to allege that AOL utilized an automated telephone dialing system (ATDS), as required to state a cause of action under the TCPA.  In dismissing the plaintiff’s complaint in Derby v. AOL, the court … Continue Reading

Supreme Court to Consider Whether A Settlement Offer for Complete Relief Moots a Plaintiff’s TCPA Claim

Yesterday, the U.S. Supreme Court granted certiorari and agreed to consider Campbell-Ewald Company v. Gomez, in which the U.S. Court of Appeals for the Ninth Circuit held that a consumer’s failure to accept an advertiser’s settlement offer that would fully satisfy the consumer’s claim did not render moot either the consumer’s individual claim under the … Continue Reading

Top 10 U.S. Privacy Developments of 2014

By Jeff Kosseff, Meena Harris, and Caleb Skeath Data Breaches Studies show increase.  Amidst a flurry of high-profile breaches during 2014, several studies confirmed that data breaches as a whole have risen significantly over the past few years.  The California Attorney General released a study showing a 28% increase in breaches in 2013 as compared … Continue Reading

Federal Court Narrows ATDS Definition

Last week, a federal judge in the Northern District of California dismissed a putative class action lawsuit under the Telephone Consumer Protection Act (“TCPA”), ruling that an automated telephone dialing system or “autodialer” is not used when a third party group inviter has provided the number that resulted in the initiation of the automated text … Continue Reading

Parties Involved in TCPA Fax Litigation May Qualify for Relief

The FCC recently agreed to grant limited waivers for violations of its “opt out notice” rule for solicited faxes (i.e., faxes sent with the recipient’s prior express invitation or permission).  That rule requires that senders of faxes include opt-out notices on fax transmissions that contain advertisements or promotions.  The FCC initially promulgated its opt-out notice … Continue Reading

Another Court Finds That an Automated SMS Platform is Not an ATDS

By Ani Gevorkian Last week, the U.S. District Court for the Southern District of California issued an opinion regarding the definition of  an “Automatic Telephone Dialing System” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”).  The opinion follows a small but growing number of cases holding that courts have their own ability to interpret the … Continue Reading

FCC Fines Company $2.9 Million for Political Robocalls to Cell Phones

Last week, the Federal Communications Commission announced plans to fine Dialing Services, LLC, nearly $3 million for making illegal “robocalls” to cell phones. The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers,” that have the capacity to produce, store, and dial telephone numbers using a random or sequential number generator. … Continue Reading

FCC and 11th Circuit Address “Prior Express Consent” by a Third Party Under the TCPA

Last week, the FCC issued two TCPA rulings that shed further light on whether and under what circumstances an individual can provide “prior express consent”—or convey such consent—for another in the context of automated or prerecorded informational calls or text messages to mobile phones.  One of these rulings came in response to a Petition for … Continue Reading

Federal Judge: Companies Must Document Consent to Avoid TCPA Claims

A recent federal court opinion demonstrates the need for companies to retain appropriate documentation to avoid liability under the Telephone Consumer Protection Act (TCPA) when they transmit messages to mobile phones using autodialers or prerecorded messages. Last September, Alfredia Glenn sued CheckSmart Financial Company, a payday loan company.  In her complaint, filed in the U.S. … Continue Reading

Seventh Circuit: Indiana Telemarketing Statute Not Preempted by TCPA

The Seventh Circuit Court of Appeals recently held that the application of Indiana’s Automated Dialing Machine Statute to interstate calls was not preempted by the federal Telephone Consumer Protection Act or its implementing regulations (“TCPA”).  The case, Patriotic Veterans v. Indiana,  highlights the importance of considering both the TCPA and potentially applicable state laws before … Continue Reading

FCC Seeks Comment on Petitions to Forbear or Clarify New TCPA Rules

Earlier today, the FCC placed on public notice two petitions requesting that the agency clarify or forbear from enforcing certain aspects of its new TCPA regulations that went into effect on October 16, 2013.  Those regulations, which we summarized here, created, among other things, a new “prior express written consent” requirement for the transmission of … Continue Reading

Petitions to Forbear or Clarify New FCC TCPA Rules Filed

Earlier today, two entities — the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) — filed petitions at the FCC asking the agency to stay and forbear from enforcing, or clarify, certain aspects of the “prior express written consent” requirement that went into effect yesterday for prerecorded calls to residential numbers and autodialed … Continue Reading

New Rules for Autodialed Promotional Text Messages and Prerecorded Call Programs Come Into Effect Oct. 16

Last week, I spoke on a panel at the IAPP Privacy Academy about upcoming changes to FCC regulations governing the “prior express consent” requirement for, among other things, autodialed promotional text message and prerecorded call programs under the Telephone Consumer Protection Act (TCPA).  These changes will take effect next week, on October 16, 2013.  Some … Continue Reading

FCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations

A seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling. The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C. … Continue Reading

FCC: Sending Opt-Out Confirmation Text Does Not Violate TCPA

The Federal Communications Commission has ruled that companies may send a one-time text message to confirm that a subscriber has opted out of receiving text messages without violating the Telephone Consumer Protection Act (TCPA).  In the FCC’s view, if a consumer has consented to receiving text messages and subsequently opts out, the consumer’s prior express … Continue Reading

Companies Struggle With Lack Of Clarity Around TCPA And Text Messaging

Last week, a district court declined to stay a lawsuit against Google Inc. and group-texting service Slide, Inc. alleging a violation of the Telephone Consumer Protection Act (“TCPA”).  The court found that a related, ongoing proceeding at the Federal Communications Commission relating to the scope of the definitions of “consent” and “automatic telephone dialing system” … Continue Reading

Supreme Court Holds That Private Plaintiffs May Bring TCPA Claims In Federal Court

On Wednesday, the United States Supreme Court unanimously held that the Telephone Consumer Protection Act (“TCPA”) allows private citizens to seek relief in federal (in addition to state) court.  Overturning an Eleventh Circuit decision that Congress had vested jurisdiction over private TCPA actions exclusively in state courts and disagreeing with numerous other Circuit courts that … Continue Reading
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