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TCPA Defense Force Blog

Articles: 1-10 of 218

Court in W.D. Missouri Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

USA - February 14 2020 The new decade has brought us a series of new decisions regarding one of our favorite issues under the TCPA - the definition of an automatic…

Court Holds No Vicarious Liability Under TCPA for Text Message Sent by Wireless Carrier Promising Free Sandwich

USA - February 13 2020 The TCPA not only carries draconian penalties, but courts as of late seem to have been rather lenient in allowing claims to proceed based on very…

FCC Inches Forward with Creation of Reassigned Numbers Database; Seeks Comments on Technical Requirements

USA - January 30 2020 The FCC has issued a Public Notice seeking comments on the Technical Requirements for the Reassigned Numbers Database (RND) that it ordered to be…

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

USA - January 28 2020 The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an…

Court Holds no TCPA Violation for MMS Message Initiated, but Not Received on Plaintiff’s Decade-Old RAZR

USA - January 16 2020 The TCPA prohibits “making” a call or text with an ATDS without consent. There is little if any case law interpreting what “making” a call really…

Supreme Court to Review the Constitutionality of the Government-Backed Debt Exception to the TCPA

USA - January 14 2020 On Friday, January 10, 2020, the Supreme Court granted the Petition for Certiorari filed in Barr v…

District Court Holds Callers Have Right to Reasonably Rely on Prior Subscriber’s Consent Under the TCPA

USA - January 14 2020 Wrong number cases continue to be a major driver of individual and class action TCPA litigation. The absence of a reliable and cost-effective method…

FCC Seeks Industry Comments Regarding Call Blocking

USA - January 6 2020 Just before the end of the year, the FCC issued a Public Notice seeking industry input regarding call blocking measures implemented to date, as well…

TRACED Act Poised to Become Law. Stepped Up Enforcement Efforts Against Illegal Robocalls and Text Messages Anticipated

USA - December 20 2019 The Senate has voted to adopt the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S 151), with modifications that were…

TCPA 101: Court Ruling Reminds Us of the Fundamentals for Debt Collection Calls

USA - December 12 2019 In the realm of TCPA litigation, consent and revocation are bedrock issues that TCPA practitioners encounter on a daily basis. Amidst the often times…