On July 6, the U.S. Supreme Court ruled in Barr v. American Association of Political Consultants that the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment of the U.S. Constitution. The Court also decided that the proper remedy for the constitutional violation is
TCPA
This week’s podcast: Revoking consent under the Telephone Consumer Protection Act: a discussion of recent case law developments
The issue of whether a consumer can unilaterally revoke consent to receive automated remains a significant concern for industry. We look at how the FCC and courts have approached the issue and discuss recent significant decisions from federal appeals courts holding that the TCPA does not allow a consumer to unilaterally revoke consent when it…
Ninth Circuit rules TCPA prior express consent for autodialed calls must come from current subscriber, not intended recipient
The U.S. Court of Appeals for the Ninth Circuit has joined the Seventh and Eleventh Circuits in ruling that the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed calls to cellular phones must come from the current subscriber and not the intended recipient of the call.
In N.L. v Credit …
Eleventh Circuit holds TCPA does not permit unilateral revocation of contractual consent
The U.S. Court of Appeals for the Eleventh Circuit held last week, in Medley v. DISH Network, LLC, that the Telephone Consumer Protection Act (TCPA) does not allow a consumer to unilaterally revoke consent to receive automated calls when such consent is given as part of a bargained-for exchange. In its decision, the Eleventh…
Banking trade groups file petition with FCC for ruling on scope of TCPA emergency purposes exception
A group of banking trade associations have filed a “Petition for Expedited Declaratory Ruling, Clarification, or Waiver” with the FCC regarding how the Telephone Communication Protection Act’s “emergency purposes” exception applies to phone calls and text messages placed by banks, credit unions, and other financial institutions on matters related to the COVID-19 pandemic.…
Second Circuit adopts broad TCPA autodialer definition
A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit, in Duran v. La Boom Disco, Inc., handed a win to the plaintiffs’ bar by holding that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (ATDS) includes telephone equipment that can automatically dial phone…
FCC clarifies scope of TCPA “emergency purposes” exception for COVID-19 pandemic
The Federal Communications Commission, on its own motion, has issued a Declaratory Ruling to address how the Telephone Communication Protection Act’s “emergency purposes” exception applies to calls relating to the COVID-19 pandemic.
The TCPA includes an “emergency purposes” exception to its general prohibition on making automated or prerecorded calls to a cellular telephone number without…
SCOTUS agrees to decide whether TCPA exception for calls to collect government debts violates First Amendment
The U.S. Supreme Court has agreed to decide whether the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment of the U.S. Constitution. The Court also agreed to decide whether the proper remedy for any constitutional violation is to sever the exception from the…
FCC seeks comment on petition requesting ruling on TCPA’s application to opt-out confirmation text messages
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…
FDIC assesses civil money penalty for bank’s alleged TCPA violations
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…