Articles: 1-10 of 194
Court Refuses to Reduce $925M in Aggregate Statutory Damages
USA - August 21 2020 As we previously explained, when the trial court , the jury in the case found that the defendant had violated the TCPA by placing 1,850,436…
Safe Harbors and Erroneous Blocking Redress Measures Adopted by the FCC; Additional Rulemaking Proposed
USA - August 7 2020 As we previewed recently, the FCC adopted a set of rule amendments through a Third Report and Order for its “call blocking by default” framework on…
No Agency, No Personal Jurisdiction
USA - August 6 2020 We have previously written about decisions that dismissed TCPA claims because plaintiffs could not allege or prove facts establishing that the party…
The FCC Clarifies that Certain Communications to COVID-19 Patients Fall with TCPA’s “Emergency Purposes” Safe Harbor
USA - July 31 2020 In a Public Notice issued July 28, 2020, the FCC confirmed that the TCPA’s safe harbor for calls or text messages made for “emergency purposes”…
Alleged Oversight and Monitoring of a Messaging Campaign Deemed Inadequate to Establish Agency
USA - July 20 2020 Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on…
Court Applies the Seventh Circuit’s Gadelhak Decision and Grants Summary Judgment Against Certified Class
USA - July 13 2020 The Southern District of Indiana recently entered summary judgment against a certified class of TCPA plaintiffs because it concluded that defendants’…
Supreme Court Agrees To Review ATDS Definition
USA - July 9 2020 Earlier today, the United States Supreme Court granted the petition for certiorari in which Facebook had asked the Court to resolve the growing…
Regulatory Updates: FCC to Vote on “Robocall” Measures to Mitigate Erroneous Blocking and to Advance Reassigned Numbers Database Rules to the Next Step
USA - July 8 2020 The FCC recently reported a decrease of approximately 60% of consumer robocall complaints and a drop of approximately 30% in volume of “unwanted…
Divided Third Circuit Panel Holds that Offers to Buy Can Qualify as “Advertisements” Under the TCPA
USA - July 6 2020 A divided panel of the Third Circuit Court of Appeals recently reversed the dismissal of TCPA claims, finding that the faxes at issue were…
FCC Affirms that Health Plans and Providers Cannot Offer Post-Call Opt-Out in Lieu of “Prior Express Consent”
USA - July 1 2020 The FCC’s Consumer and Governmental Affairs Bureau last week issued a declaratory ruling resolving a long-pending Petition on the question of whether…
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