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
Trump’s New FCC Chairman Ajit Pai May Drain the TCPA Swamp
In one of his first official actions, newly elected President Donald Trump tapped Ajit Pai as the new chairman of the Federal Communications Commission (FCC), replacing outgoing chairman Tom Wheeler. Pai is a sharp critic of the Telephone Consumer Protection Act (TCPA) as it is currently being applied, meaning the FCC’s regulatory approach to the
More Challenges to the FCC’S TCPA Declaratory Rulings and E-Faxes Covered Under the TCPA
The FCC’s pro-consumer July 10, 2015 Declaratory Ruling and Order creates new and increased TCPA compliance and litigation challenges for businesses. ACA International previously filed a lawsuit seeking judicial review of the ruling and, on August 14, 2015, CodeBroker, LLC filed a similar lawsuit. Both lawsuits are pending in the United States Court of Appeals
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
Text Messaging Program Not an Autodialer Under the TCPA
The United States District Court for the Northern District of California recently held in the putative class action Glauser v. GroupMe, Inc. that GroupMe’s text messaging program was not an autodialer under the Telephone Consumer Protection Act (TCPA). Congress enacted the TCPA in 1991 in an effort to address a growing number of telephone marketing