Category Archives: FCC

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Court Holds That Human Intervention Covers Strip Club From Liability in TCPA Autodialer Class Action

On August 19, 2015, in Luna v. SHAC, LLC, No. 5:14-cv-00607 (N.D. Cal.), the Northern District of California issued one of the first decisions interpreting the Telephone Consumer Protection Act’s (“TCPA”) definition of “automatic telephone dialing system” (i.e., autodialer) following the FCC’s July 2015 omnibus TCPA order.  Luna may serve as guidepost for future litigants, … Continue Reading

FCC Releases Long-Awaited TCPA Ruling

On July 10, 2015, the Federal Communications Commission (“FCC”) released its much-anticipated Telephone Consumer Protection Act (“TCPA”) declaratory ruling, expanding on the positions announced at its June 18 Open Meeting on important TCPA issues.  The ruling resolves 21 requests for clarification, and, in particular, confirms that an “automatic telephone dialing system” (i.e., an autodialer) includes … Continue Reading

FCC Open Meeting May Open TCPA Class Action Litigation Floodgates . . . Further

For over a year, telemarketers have anxiously awaited clarity on a number of issues relating to the Telephone Consumer Protection Act (“TCPA”), including the treatment of reassigned numbers and the definition of “autodialer.”  At the June 18, 2015, Open Meeting held by the Federal Communications Commission (“FCC” or “Commission”) to vote on updates to the … Continue Reading

FCC Chairman Wheeler Proposes Significant Updates to TCPA Rules

After months of speculation and numerous petitions to the agency, Federal Communications Commission (“FCC”) Chairman Tom Wheeler issued a fact sheet on Wednesday, May 27, addressing two dozen petitions seeking clarity on FCC enforcement of the Telephone Consumer Protection Act (“TCPA”) and proposing significant actions intended to strengthen consumer protections related to unwanted calls and text … Continue Reading

Think You Are Exempt from FTC Jurisdiction? Think Again, Judge Says after Throttling AT&T’s Motion to Dismiss FTC Lawsuit

Last week, a federal judge in the Northern District of California denied AT&T’s motion to dismiss the FTC’s lawsuit against the company concerning its advertising and business practices for its mobile wireless data plans. As we noted last fall, the FTC accused AT&T of misleading millions of its customers by marketing “unlimited” data plans, but … Continue Reading

Some Senators Make an Unsolicited Call to the FCC

It seems as if every few weeks, a new court decision weighs in on how to interpret the Telephone Consumer Protection Act (“TCPA”), especially the meaning of “automatic telephone dialing system” (“autodialer”) and “called party.”  Trade associations and telemarketers have petitioned the Federal Communications Commission (“FCC”) for clarification, hoping to reduce the compliance burden and … Continue Reading

TCPA Autodialers 101: What Makes an Autodialer and What’s Next from the FCC

Telemarketers are all too aware that automatic telephone dialing systems (“autodialers”) are a hot topic in the litigation world. The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and the Federal Communications Commission’s (“FCC”) implementing rules, 47 C.F.R. § 64.1200, prohibit making any autodialed call or text message to cell phones without the called … Continue Reading

Facing the Fax: Always Use Opt-Out Notices for Fax Advertisements (and Seek A Retroactive Waiver, If You Haven’t)

Even in 2014, fax marketing by associations, businesses, and other individuals shows no sign of slowing down.  We have previously noted the significant number of class action lawsuits involving fax advertisements under the Junk Fax Prevention Act (“JFPA”). Now the Federal Communications Commission (“FCC”) is drawing more attention to this less common form of advertising.  … Continue Reading

No Agency, No Claim: Taco Bell and the TCPA’s Vicarious Liability Standard

With the FCC’s recent record fine of $7.5 million against Sprint Corp. for alleged Do-Not-Call violations, the more restrictive prior express written consent rule for marketing calls made to cell phones by an autodialer, and the continuous filing of class action complaints (See TCPA Update for recent filings), it is easy to understand why companies are … Continue Reading

Caller Beware: FCC’s Record “Do-Not-Call” Fine Highlights Liability Under TCPA

Over the past couple of months, we have been waving the caution flag in the air while attempting to warn businesses about the potential liability for violations under the TCPA.  In our previous posts, we noted the numerous consumer lawsuits that have been filed against businesses throughout the country, a list which continues to grow … Continue Reading

A Watchful Eye Toward TCPA Filings

With all of the recent litigation under the Telephone Consumer Protection Act (“TCPA”), marketers are well aware that making telemarketing calls can be a tricky road to navigate.  In October 2013, the Federal Communication Commission’s (“FCC”) new TCPA rule went into effect, requiring prior express written consent to call consumers for telemarketing purposes— a higher … Continue Reading

Three Things You Should Avoid Doing with Respect to the October 16 FCC Rule Changes for Calling or Texting Cell Phones

For all of you procrastinators out there, we are down to the wire on preparing for the October 16 changes to Federal Communications Commission (“FCC”) rules that will require “prior express written consent” when an automatic telephone dialing system (autodialer) is used to call or text cell phones for marketing purposes.  “Prior express written consent” … Continue Reading
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