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
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
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
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
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
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
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
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
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
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
As we previously discussed here, the House of Representatives is considering a bill to amend the Telephone Consumer Protection Act (“TCPA”). The bill, known as the Mobile Informational Call Act of 2011 (H.R. 3035), has bipartisan and industry support but also has drawn opposition from some consumer groups and state attorneys general. The merits of … Continue Reading
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. 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
