Tag Archives: Telephone Consumer Protection Act

July 2017 FCC Meeting Recap: Commissioners Adopt Second Robocall NOI to Examine Reassigned Number Database Issues

On July 13, 2017, the three FCC Commissioners voted in favor of a Second Notice of Inquiry (NOI) to gather feedback on using numbering information to create comprehensive list that businesses can use to identify telephone numbers that have been reassigned from a consumer that consented to receiving calls to another consumer.  It also asks … Continue Reading

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 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 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 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

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

On 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

On 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

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 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

FCC Reminds Political Campaigns of TCPA Obligations Ahead of Elections

With mid-term elections just around the corner, the FCC’s Enforcement Bureau issued a stern warning to political campaigns and calling services regarding their obligation to comply with the TCPA and stating that the Commission “will not hesitate to act to protect consumer privacy and their freedom from the nuisance of unwanted calls.”  The Enforcement Advisory … Continue Reading

AT&T Mobility Agrees to Pay $45 Million to Settle TCPA Litigation

On September 30, 2014, AT&T Mobility (“AT&T”) asked a U.S. District Court judge to approve a settlement agreement that would resolve a class action arising under the Telephone Consumer Protection Act (“TCPA” or “Act”).  In this case, the plaintiffs alleged that AT&T made auto-dialed calls to wireless phone numbers without receiving the prior express consent … Continue Reading

FCC Urges Court to Adopt Narrow View of “Express Consent” for Autodialed Calls

On June 30, the Office of General Counsel for the Federal Communications Commission filed an amicus brief in the U.S. Court of Appeals for the Second Circuit urging the court to reverse a district court ruling that an individual consented to receiving debt collection calls by providing his cellular telephone number to an electric company … Continue Reading

Another TCPA Petition Reaches the FCC

Litigation under the Telephone Consumer Protection Act (TCPA) has exploded over the last few years.  During the course of such litigation, parties typically will seek the input of the Federal Communications Commission on issues of interpretation of the TCPA.  This may occur through a request from the court under the doctrine of primary jurisdiction, or, … Continue Reading

DC Circuit Court holds that FCC Guidance on Agency Law in TCPA Cases is Not Binding on Courts

On January 22, 2014 the D.C. Circuit Court of Appeals issued a two-page per curiam decision dismissing a petition by DISH Network, LLC that challenged the FCC’s “guidance” on the interpretation of agency law in the context of Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”). In its May 9, 2013 Declaratory … Continue Reading

FCC Permits Confirmatory Opt-Out Texts Under TCPA

Jameson Dempsey co-authored this post. In a ruling that FCC Commissioner Ajit Pai described as “a win for consumers and for innovative companies alike,” the FCC granted a petition for declaratory ruling filed by SoundBite Communications, Inc., finding that one-time text messages confirming a consumer’s request not to receive any future text messages do not … Continue Reading

Revised Telemarketing Rules to Take Effect Beginning July 11

This post was co-written by Randy Sifers. In February, the FCC adopted several changes to its telemarketing rules, including a new requirement that telemarketers must receive express written consent to send certain autodialed or prerecorded message calls. On June 11, the FCC’s order was published in the Federal Register. The Federal Register summary is available … Continue Reading
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