In a landmark decision released this morning, the U.S. Supreme Court finally answered the question that has been at the heart of Telephone Consumer Protection Act (TCPA) litigation for decades – what constitutes an autodialer? – and the decision is a huge win for TCPA defendants. In Facebook v. Duguid, the Supreme Court unanimously
Untouchable No More: Reinforcements Arrive for TCPA Defendants Battling the FCC’s Aggressive Expansion of the Statute
The Telephone Consumer Protection Act (TCPA) was signed into law almost 30 years ago when around 3% of the population owned cellular telephones and no one had heard of – let alone sent – a text message. Since that time, the legislature has substantively amended the TCPA only once to create a government debt exception.
Bad News for Sixth Circuit Creditors as Court Adopts Expansive Definition of Autodialer with Supreme Court Review Pending
The Sixth Circuit has weighed in on an issue with the power to change the course of TCPA litigation nationwide: What constitutes an automatic telephone dialing system, more commonly known as an autodialer? Since the FCC’s 2015 order, which stated that any device with the potential ability to generate a list of numbers was
Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split
On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability companies face under the statute. In Glasser v. Hilton Grand Vacations Company, the U.S. Court of Appeals for the Eleventh
Fourth Circuit Strikes Down TCPA Exemption for Collection of Government Debt, Putting Loan Servicers and Debt Collectors at Risk
A recent decision by a panel of the United States Court of Appeals for the Fourth Circuit interpreting the Telephone Consumer Protection Act (TCPA) has significant – and possibly costly – implications for loan servicers and debt collectors seeking to collect on loans owed to or guaranteed by the United States. On April 24, the
Can You Hear Me Now? Important Considerations for Avoiding Penalties under the TCPA after ACA International
In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of potential liability for businesses under the Telephone Consumer Protection Act (TCPA) by striking down inconsistent and overly broad portions
D.C. Circuit Court of Appeals’ TCPA Ruling Is a Mixed Bag
On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of the FCC’s July 10, 2015, TCPA Declaratory Ruling and Order. While the D.C. Circuit Court of Appeals upheld the FCC’s approach to revocation of
How Will the FCC’s TCPA Declaratory Ruling and Order Affect Your Business?
In a previous blog post, we reported on the FCC’s new pro-consumer TCPA ruling. On July 10, 2015, the FCC officially released the Declaratory Ruling and Order, which became effective immediately. The ruling creates new and increased compliance and litigation challenges for businesses. A more detailed analysis of these changes can be found
FCC Approves New Pro-Consumer TCPA Rules That Will Likely Create Increased Compliance and Litigation Headaches for Businesses
The Federal Communications Commission (FCC) recently adopted a proposal aimed at clarifying certain provisions of the Telephone Consumer Protection Act (TCPA). The proposal addresses twenty-one (21) petitions related to the TCPA, touching on issues from robocall-blocking services to treating text messages as calls. While the actual package of declaratory rulings has not yet been released,
Senators Urge FCC “Not to Weaken” the Telephone Consumer Protection Act
A group of ten democratic senators led by Senator Edward Markey joined in a letter to the FCC urging it “not to weaken the privacy protections” contained in the Telephone Consumer Protection Act (TCPA) preventing most autodialing calls to landlines and mobile phones.
The senators specifically singled out proposals currently being considered by the FCC