The FCC has issued a notice announcing that it is seeking comment on a petition filed by Capital One Services, LLC (Capital One) that asks the FCC to issue a declaratory ruling to confirm that the recipient of an opt-out request sent in response to a text message does not violate the Telephone Consumer Protection

An FDIC order assessing a $200,000 civil money penalty for a bank’s alleged TCPA violations is a stark reminder that FDIC examiners are looking at TCPA compliance.

The order states that the FDIC determined that the bank violated the TCPA and its implementing regulations by continuously calling consumers at numbers listed on the National Do

In September 2018, in Marks v. San Diego Crunch, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an automatic dialing system (ATDS) includes telephone equipment that can automatically dial phone numbers stored in a list, rather than just phone numbers that the equipment randomly or sequentially generates.  This decision departed

The FCC’s creation of a database of disconnected phone numbers is expected to significantly reduce the potential TCPA exposure companies face for unknowingly calling a customer at a reassigned phone number.  In this week’s podcast, we review the relevant TCPA legal background, explain how the database will operate and the requirements for obtaining a safe

The defendant in Marks v. Crunch San Diego has filed a petition for certiorari with the U.S. Supreme Court seeking review of the Ninth Circuit’s September 2018 decision interpreting the TCPA’s automatic telephone dialing system (ATDS) definition.

In Marks, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an ATDS includes

Compliance with the Telephone Consumer Protection Act continues to present challenges to the financial services industry as a result of uncertain legal standards and contradictory court decisions.  In this week’s podcast, we discuss the key recent court decisions dealing with the TCPA’s autodialer definition and what the FCC is doing to provide further guidance to

The Federal Communications Commission (FCC) has issued a notice asking for comment on what constitutes an automatic telephone dialing system (ATDS) under the TCPA following the Ninth Circuit’s September 20, 2018 decision in Marks v. Crunch San DiegoIn May 2018, the FCC issued a notice announcing that it was seeking comments on

The Senate Committee on Commerce, Science, and Transportation has scheduled a hearing for tomorrow, August 16, titled “Oversight of the Federal Communications Commission.”  The Committee’s website indicates that the hearing will examine policy issues before the FCC and review the FCC’s ongoing duties and activities.

The witnesses scheduled to appear are the four sitting FCC