Tag Archives: TCPA

D.C. Circuit Limits FCC Jurisdiction on Fax Advertisements

On March 31, 2017, the United States Court of Appeals for the District of Columbia issued a decision in Bais Yaakov of Spring Valley et.al. vs. FCC (No. 14-1234), holding that the FCC’s 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on faxes sent with the recipient’s consent (i.e., … Continue Reading

FCC Chairman Pai Offers Ideas for “Aggressive Action” on TCPA Issues

To close out his first week as Chairman of the Federal Communications Commission, Ajit Pai spoke briefly at a meeting of the FCC’s Consumer Advisory Committee on Friday, January 27, 2017 and made clear that one of his priorities will be to address “robocalls,” which are the number one source of complaints to the FCC.  … Continue Reading

FCC Continues TCPA Promotional Campaign

With just under one month left in Chairman Tom Wheeler’s tenure, the Federal Communications Commission (FCC) has continued to publicize the agency’s focus on enforcing and increasing awareness of the Telephone Consumer Protection Act (TCPA).  Most recently, Chairman Wheeler issued a statement on December 21, 2016 to commemorate the 25th anniversary of the TCPA, in … Continue Reading

FCC Denies Petition for Declaratory Ruling on Fax Advertisements

On December 21, 2016, the FCC’s Consumer and Governmental Affairs Bureau (CGB) released an order denying a request by Kohll’s Pharmacy & Homecare, Inc. (Kohll’s) for a declaratory ruling that facsimiles sent on its behalf did not violate the Telephone Consumer Protection Act (TCPA) “where the facsimiles simply informed businesses of the health benefits of … Continue Reading

FCC Announces MOU with Canadian Counterpart to Combat Robocalls, Issues Enforcement Advisory on Automated Texts

Heading into the holiday season, the FCC shows no signs of slowing down in its consumer-focused initiatives, in particular those related to the Telephone Consumer Protection Act (TCPA).  Earlier this month, for instance, the Commission sponsored a Twitter town hall to clarify TCPA restrictions, and announced that on December 14th, it will host a webinar … Continue Reading

FCC Denies TCPA Exemption for “Mortgage Servicing Calls”

On November 15, 2016, the Consumer and Governmental Affairs Bureau (CGB) released an order denying a request by the Mortgage Bankers Association (MBA) for an exemption of the prior-express-consent requirement of the TCPA for “mortgage servicing calls” to wireless phone numbers, such as calls to inform borrowers of their options should they become delinquent or … Continue Reading

FCC Reaches Out to Consumers on TCPA Issues

The Federal Communications Commission (FCC) is increasing its visibility in response to what it has repeatedly cited as its largest source of consumer complaints to the Commission: autodialed and prerecorded calls (which the FCC groups together as so-called “robocalls”).  In addition to pushing for industry-based solutions to unwanted calls to consumers through initiatives such as the “Robocall Strike … Continue Reading

FCC Authorizes Use of Call Blocking Technologies by Telephone Service Providers to Block Spoofed Calls

On September 30th, the Consumer and Governmental Affairs Bureau for the Federal Communications Commission (FCC or Commission) released a brief Public Notice in which it clarified that telephone service providers (including traditional, wireless and VoIP providers) are permitted to block calls from a particular phone number if the subscriber to that phone number “requests call … Continue Reading

FCC Continues Crusade to Curb Robocalls

The FCC’s high-profile efforts with regard to the Telephone Consumer Protection Act (TCPA) continue.   In addition to two controversial orders released in the last two weeks, the FCC is pushing the telecommunications industry to take action on blocking techniques.  Now the FCC has announced that it will host a meeting for what is billed as … Continue Reading

FCC Chairman Wheeler Turns to the FCC Blog to Encourage Robocall Blocking

On July 22, FCC Chairman Tom Wheeler penned a blog post on the Commission’s website highlighting the efforts at the agency to prevent unwanted automated and prerecorded message calls restricted under the Telephone Consumer Protection Act (TCPA).  In particular, the blog post discussed recent and upcoming rulemakings, declaratory decisions, and enforcement actions, as well as … Continue Reading

FCC Issues Declaratory Ruling That the Federal Government and Contractors Acting Within Agency Scope Are Not Subject to the TCPA

On July 5, 2016, the FCC issued a Declaratory Ruling in which it determined that the Telephone Consumer Protection Act (TCPA) “does not apply to calls made by or on behalf of the federal government in the conduct of official government business, except when a call made by a contractor does not comply with the … Continue Reading

Interesting FCC Enforcement Actions — February 2016 Edition

It’s no secret that one of the major stories in the last two years has been the increased activism of the Federal Communications Commission’s (“FCC”) Enforcement Bureau (“Bureau”).  February 2016 was no exception in terms of the nature and level of activity.  In this blog entry, we highlight a few orders that stand out among the crowd. … Continue Reading

Supreme Court Sustains TCPA Plaintiff’s Claim Following an Unaccepted Settlement Offer

iStock_000008141839LargeOn January 20, 2016, the U.S. Supreme Court handed down its ruling in Campbell-Ewald Co. v. Gomez, where it was considering whether a plaintiff seeking damages under the Telephone Consumer Protection Act (“TCPA”) is able to maintain his individual claim and claims on behalf of a putative class once that plaintiff has received an offer … Continue Reading

FCC Reaffirms Potential TCPA Liability for Text Message Platforms

iStock_000036215158LargeOn January 11, 2016, the FCC’s Consumer and Governmental Affairs Bureau released an order denying a petition by a text message platform provider for a declaratory ruling that the Commission should evaluate TCPA liability for these types of entities under the same standard established for fax broadcasters.  In the Order, the Bureau explained that a … Continue Reading

A First Look at the FCC’s 2015 TCPA Declaratory Ruling and Order

On July 10, 2015, the Federal Communications Commission (“FCC” or the “Commission”) released the text of its omnibus Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Ruling”), which the Commission adopted by a 3-2 vote almost a month earlier, on June 18, 2015. In Friday’s Ruling, the FCC responded to 21 petitions by … Continue Reading

Webinar: The TCPA Thicket: Making Sense of the FCC’s Latest Ruling

On June 18,  the FCC approved a major TCPA Declaratory Ruling that redefines what equipment falls within the definition of an “autodialer,” specifies liability for calls to reassigned telephone numbers, provides consumers with a right to revoke consent by any reasonable means, and establishes new exceptions for financial and healthcare related calls, among other changes. With … Continue Reading

FCC Enforcement Bureau Chief Praises PayPal After Original TCPA Terms Drew Criticism

Two weeks ago, the Chief of the Enforcement Bureau of the Federal Communications Commission (“FCC”) sent a letter to PayPal, Inc. (“PayPal” or “Company”) stating that the Company’s recent amendments to its User Agreement did not comply with federal law.  Although the letter did not threaten enforcement action, the FCC has the power to impose fines … Continue Reading

FCC Chairman Wheeler Plans Significant TCPA Rulings for June 18th Open Meeting

On May 27, 2015, Federal Communications Commission (FCC) Chairman Tom Wheeler released a “fact sheet” on his proposal to address two dozen pending petitions seeking clarification on various aspects of the Telephone Consumer Protection Act (TCPA).  The Chairman intends to address all of the petitions in a single omnibus approval, which will be presented for … Continue Reading

FCC Commissioner Says “It is Time” for FCC to Act on TCPA Petitions

In remarks before the Association of National Advertisers on April 1, FCC Commissioner Mike O’Rielly expressed sympathy regarding the onslaught of TCPA litigation in recent years against “legitimate” businesses attempting to contact customers with valuable information.  He called on the Commission to “provide clear rules of the road” for TCPA enforcement that will allow businesses to … Continue Reading

FCC Imposes $18,000 Penalty for 4 TCPA Violations

On January 9, 2015, the FCC released a Forfeiture Order against AmericanWest Advertising, LLC (“AmericanWest”) for alleged violations of the Telephone Consumer Protection Act’s (“TCPA”) prohibitions on unsolicited pre-recorded sales calls. In its Order, the Commission imposed a monetary penalty of $18,000 based on consumer complaints that AmericanWest delivered four unsolicited, pre-recorded advertising messages to consumers … Continue Reading

FCC Extends Deadline for Call-Blocking Technology Comments

On December 17, 2014, the FCC’s Consumer and Governmental Affairs Bureau (“CGB”) released an order extending the deadline to January 23, 2015 for interested parties to file comments in response to a request from the National Association of Attorneys General (“NAAG”) for a formal opinion regarding the legality of certain call-blocking technologies. The extension was granted pursuant … Continue Reading

FCC Seeks Input on State Attorneys General’s Call-Blocking Technology Inquiry

The FCC’s docket dedicated to resolving issues related to the Telephone Consumer Protection Act (“TCPA”) has been very active as of late.  Sometimes, it takes a while for the Commission to react to a filing made before it.  One recent example is the Public Notice released by the Consumer and Governmental Affairs Bureau on November … Continue Reading

In One Action, FCC Rules Against 24 TCPA Petitioners but Grants Retroactive Waivers of Opt-Out Requirements for Faxes

On October 30, 2014, the FCC released an order that effectively resolves nearly half of the Telephone Consumer Protection Act (“TCPA”) petitions pending before it. This order addresses 24 petitions seeking clarification of the Commission’s rules requiring individuals and entities that send fax advertisements to include certain information on the fax to allow recipients to “opt-out” … Continue Reading
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