Tag Archives: TCPA

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

Court Permits Class Action to Proceed Where Text Message Confirmed Opt Out Request

Last week, a federal judge denied a motion to dismiss a putative class action brought under the Telephone Consumer Protection Act (TCPA) against Citibank concerning its transmission of text messages.  The case — Ryabyshchuk v. Citibank N.A., — is notable because one of the issues it addresses is whether an entity that transmits a text message … Continue Reading

Reps. Terry and Lee Introduce TCPA Reform Measure

Reps. Lee Terry (R-NE) and Ed Towns (D-NY) have introduced the Mobile Informational Call Act of 2011 (H.R. 3035).  H.R. 3035 would amend the Telephone Consumer Protection Act — which is administered and enforced by the Federal Communications Commission but also authorizes private rights of action —  to clarify the scope of limitations under the … Continue Reading
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