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Articles: 1-10 of 90

Allegations of Equipment’s Potential Functionalities Not Sufficient to Survive Motion to Dismiss after ACA Int’l

USA - July 16 2018 On July 12, 2018, the Northern District of Ohio dismissed a complaint that failed to “allege any facts that [the defendant] uses a system that has the…

Following ACA Int’l, Third Circuit Holds that Yahoo!’s Email-to-Text System is not an ATDS

USA - July 2 2018 The Third Circuit recently affirmed the Eastern District of Pennsylvania’s finding that Yahoo!’s email-to-text alert system does not qualify as an…

TCPA Defendant Allowed to Seek Indemnification from Plaintiff’s Daughter, the Intended Recipient of its Debt-Related Calls

USA - June 27 2018 One of the central issues that was before the D.C. Circuit in ACA International v. FCC was whether the term “called party” refers to the intended or…

District of Arizona Grants Summary Judgment on ATDS Issues in the Wake of ACA International v. FCC

USA - June 15 2018 The District of Arizona recently became one of the first courts in the country to address the definition of an ATDS in light of the D.C. Circuit’s…

Testimonial Evidence Sufficient to Defeat Class Certification: Court Denies Class Cert on Basis of Defendant’s Testimony Regarding Its Compliant Practices

USA - June 13 2018 The Southern District of Ohio recently denied class certification because the defendant’s unrebutted testimony—which established that its procedures…

FCC Seeks Comments on Key Issues Post-ACA Int’l

USA - May 15 2018 Less than a week after the D.C. Circuit issued its mandate in the ACA Int’l v. FCC matter, the FCC has now asked for comments on critical TCPA issues…

Industry Groups Urge FCC to Clarify ATDS After ACA Int’l

USA - May 7 2018 On May 3, 2018, a broad range of 18 industry groups led by the U.S. Chamber of Commerce petitioned the FCC to take much-needed action to curb abusive…

Senators Urge FCC to Act in the Face of ACA Int’l

USA - May 3 2018 On April 18, 2018, a group of fifteen Democratic senators addressed a letter to FCC Chairman Pai related to the D.C. Circuit’s recent decision in ACA…

FCC’s Second Further Notice of Proposed Rulemaking on Reassigned Numbers Published in Federal Register; Comment Clock Begins

USA - April 23 2018 On March 22, 2018, the FCC adopted a Second Further Notice of Proposed Rulemaking (FNPRM) on reassigned numbers. On April 23, 2018, the FNPRM was…

District Court Reinforces Requirement that Revocation of Consent Must be Reasonable

USA - April 18 2018 The District of New Jersey recently dismissed a class action TCPA complaint, finding that the plaintiff did not use a reasonable method of revoking…