Daniel JT McKenna

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The Federal Communications Commission (FCC) has issued a Report and Order and Further Notice of Proposed Rulemaking that would impose new requirements for the blocking of text messages by mobile wireless providers and propose new limitations on senders of text messages.  The document has been circulated for consideration by the FCC at its March 2023 open meeting and the FCC’s ultimate resolution of the issues is subject to change.… Continue Reading

A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “Birthday Announcement” text messages to consumers’ cell phones.  Among other restrictions, the TCPA prohibits calls to cell phone numbers using an Automatic Telephone Dialing System (ATDS) without prior express consent. … Continue Reading

The Federal Communications Commission ruled this month that “ringless voicemail” to wireless phones is a “call” made using an artificial or prerecorded voice and therefore subject to the Telephone Consumer Protection Act robocall prohibition.  The TCPA prohibits making any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number without the prior express consent of the called party. … Continue Reading

The U.S. Court of Appeals for the Third Circuit has ruled that in determining whether a credit report is inaccurate or misleading under the Fair Credit Reporting Act’s “maximum possible accuracy” requirement, a district court should apply a “reasonable reader” standard.  Ballard Spahr attorneys are currently representing clients in cases involving this legal issue.… Continue Reading

On May 20, Oklahoma Governor Kevin Stitt signed into law House Bill No. 3168 which imposes new limits on the use of automated dialing systems.  The new law, titled the “Telephone Solicitation Act of 2022” (Act), takes effect on November 1, 2022.

The Act prohibits the use of an “automated system” to make a “commercial telephonic sales call” without the “prior express written consent” of the “called party.” … Continue Reading

Although several court decisions have held that ringless voicemails to a consumer’s cell phone constitute “calls” subject to the Telephone Consumer Protection Act (TCPA) autodialer prohibition, the Federal Communications Commission (FCC)  has not yet officially weighed in on the question.  In 2017, a marketing company filed a petition with the FCC seeking a declaratory ruling that the technology was not subject to the TCPA but the petition was withdrawn.… Continue Reading

A bill was recently introduced in the Oklahoma legislature that would impose new limits on the use of automated dialing systems.  If enacted, the bill would become effective November 1, 2022.

Titled the “Telephone Solicitation Act of 2022,” the bill would prohibit the use of an “automated system” to make a “telephonic sales call” without the “prior express written consent” of the “called party.”… Continue Reading

In a 5-4 decision, the U.S. Supreme Court ruled last week in TransUnion, LLC. v. Ramirez that only class members who were concretely harmed by TransUnion’s FCRA violation had Article III standing to seek damages.

In the case, Sergio Ramirez, the named plaintiff, alleged that he suffered difficulty in obtaining credit and other harm after an automobile dealer received a credit report from TransUnion indicating that his name matched a name found on the list of terrorists and narcotics traffickers with whom U.S.… Continue Reading

Yesterday, in a unanimous decision, the U.S. Supreme Court limited the reach of the Telephone Consumer Protection Act by narrowing what technology qualifies as an Automatic Telephone Dialing System.  In the wake of this development, members of Ballard Spahr’s Consumer Financial Services Group recorded a conversation that breaks down and analyzes what the Court’s decision in Facebook v.… Continue Reading

Today, in a unanimous decision, the U.S. Supreme Court limited the reach of the Telephone Consumer Protection Act (“TCPA”) by narrowing what technology qualifies as an Automatic Telephone Dialing System (“ATDS”).  Among other restrictions, the TCPA prohibits calls to phone numbers using an ATDS without prior express consent.  The TCPA defines an ATDS as “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.”… Continue Reading