TCPA

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The U.S. Court of Appeals for the Sixth Circuit recently ruled that the unconstitutionality of the 2015 TCPA amendment that created an exception to the robocall restriction for calls made to collect debts owed to the federal government did not invalidate the plaintiff’s claims for TCPA violations based on robocalls he received in 2019 and 2020 advertising utility services.… Continue Reading

After looking at how the decision narrows the technology covered by the Telephone Consumer Protection Act’s automatic telephone dialing system definition, we discuss its implications for TCPA litigation going forward, including do-not-call and prerecorded call claims and the intersection with debt collection claims, and for regulatory compliance when making calls for telemarketing or lead generation, as well as possible Congressional responses to the decision.… 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

After examining why TCPA cases alleging autodialer claims have fallen into disfavor with plaintiffs’ attorneys, we discuss the increasing volume of TCPA cases involving do-not-call (DNC) claims.  Topics include how the DNC registries operate, coverage of the TCPA DNC prohibitions, elements of a DNC claim, exceptions and defenses, penalties and other available relief, and arguments available to defendants for defeating DNC class actions.… Continue Reading

On December 30, 2020, the Federal Communications Commission (FCC) released its Report and Order, implementing provisions of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (the “TRACED Act”).

By way of background, the Telephone Consumer Protection Act of 1991 (TCPA) includes a provision that bans “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party,” unless a statutory or regulatory exception applies.… Continue Reading

In an Order on Reconsideration issued December 9, 2020, the Federal Communications Commission concluded that the TCPA applies to contractors working for the federal government.  The Order reverses a 2016 Declaratory Ruling.  Unlike the 2016 ruling in which it declined to address state and local governments, the FCC also determined in the Order that the TCPA does not apply to state governments but state government contractors and local governments are subject to the TCPA.… Continue Reading

A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance measures, including for third-party vendors.  In 2017, a jury found DISH Network LLC liable for its vendors’ violations of the Telemarketing Sales Rule and the Telephone Consumer Protection Act, as well as several state statutes. … Continue Reading

In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held 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 numbers stored in a list, rather than just phone numbers that the equipment randomly or sequentially generates.… Continue Reading