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
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
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
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
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
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
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
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
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
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
As we noted recently, there have been a number of new developments in the TCPA, as the FCC and courts continue to grapple with interpretation of the rules. On March 27, 2014, the FCC took steps toward addressing the backlog of petitions pending at the FCC, answering two petitions through declaratory rulings. In response to … Continue Reading
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
We all know that sweepstakes and contests can be vulnerable to enforcement and litigation, but did you know just how many ways your company can hold a losing ticket when running a prize promotion? Let’s review some of sweepstakes and contests that got caught in red over the past few months to see the variety … Continue Reading
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
