Searching Content indexed under Telecoms, Mobile & Cable Communications by Chad Fuller ordered by Published Date Descending.
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ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
United States
26 Sep 2018
Class Attempt To Expand TCPA Liability For Health-Related Texts Is Dismissed, Providing Some Clarity For Health Care Companies
On March 12, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana tossed a plaintiff's putative class action lawsuit against the American Heart Association ...
United States
28 Mar 2018
D.C. Circuit Issues Highly Anticipated Ruling In Telephone Consumer Protection Act Appeal
The D.C. Circuit answered months of speculation on Friday, March 16, 2018, when it finally issued its decision inACA International v. Federal Communications Commission (15-1211) .
United States
19 Mar 2018
Another Big-Dollar TCPA Settlement As Payment Processor Agrees To $9M Deal
A Texas-based payment processor agreed on November 1 to pay $9 million to settle a putative class action brought under the Telephone Consumer Protection Act in the United States District Court ...
United States
14 Nov 2017
Federal Court Rejects Dish Network's Motions To Set Aside Or Reduce $61M Damages Award In TCPA Class Action
In the past several years, Dish Network, LLC has found itself a target of several class actions for violations of the Telephone Consumer Protection Act.
United States
6 Nov 2017
New Federal Appeals Court Ruling Provides Ray Of Sunshine For TCPA Defendants: Contractual Consent To Receive Calls Cannot Be Revoked
Lawsuits under the Telephone Consumer Protection Act (TCPA) have become the second most common form of consumer protection claim brought in federal court.
United States
3 Jul 2017
Blue Shield And SQM Defeat TCPA Putative Class Action Following Spokeo
U.S. District Judge Cathy A. Bencivengo recently dismissed a plaintiff's TCPA putative class claim due to lack of standing required under Article III.
United States
18 Oct 2016
FCC Sets Tight Boundaries For TCPA Government-Backed Loan Exception
As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the TCP Act of 1991 for calls and text messages "made solely to collect a debt owed to or guaranteed by the United States."
United States
18 Aug 2016
Missouri's Action Against Charter For Improper Telemarketing Largely Survives First Legal Test
A government enforcement action against Charter Communications, Inc. for alleged violations of federal and state telecommunications laws has mostly withstood the first legal challenge.
United States
27 Apr 2016
House Democrats Join Senate Colleagues With Introduction Of Identical HANGUP Act
House Democrats have joined an effort to ensure that the Telephone Consumer Protection Act of 1991 ("TCPA") applies to calls to collect government-backed debt.
United States
29 Mar 2016
FCC Circulates Draft Rule To Implement TCPA Exception For Government-Backed Loans
We will continue to monitor legislative developments and regulatory implementation of the TCPA in order to identify and advise on potential risks.
United States
9 Mar 2016
U.S. Supreme Court Wounds Important Defense To TCPA Class Actions, Raising Already High TCPA Risks
The United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act.
United States
26 Jan 2016
TCPA Suit Involving Reassigned Phone Number Stayed Pending Appeal Of FCC's Order
On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act...
United States
24 Jan 2016
FCC Files Responsive Brief In D.C. Circuit Appeal In Support Of Controversial TCPA Order
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the "Order") expansively interpreting the Telephone Consumer Protection Act...
United States
20 Jan 2016
DOJ Battles Facebook On Constitutionality Of TCPA
On December 11, 2015, the United States Department of Justice filed an intervenor's brief in support of the constitutionality of the "emergency calls exception" in the Telephone Consumer Protection Act ("TCPA")...
United States
18 Jan 2016
The FCC Continues To Expand The Scope Of The TCPA
Club Texting is a company that acts as a broadcasting service for businesses that wish to send mass texts. Club Texting does not control the content of texts or the numbers to which they are sent.
United States
17 Jan 2016
Petitioners File Joint Brief Seeking To Overturn FCC's July 2015 TCPA Order
As we previously reported, several legal challenges to the Federal Communications Commission's July 10, 2015 order (the "FCC Order") interpreting the Telephone Consumer Protection Act of 1991 ("TCPA") were consolidated with the District of Columbia Circuit Court of Appeals as ACA International, et al. v. Federal Communications Commission et al.
United States
3 Dec 2015
Senate Democrats Look To Roll Back Recent TCPA Exception
As we previously reported, the Bipartisan Budget Act of 2015, which was passed by Congress and signed by President Obama on November 2, amended the Telephone Consumer Protection Act of 1991.
United States
3 Dec 2015
Budget Deal Adds Exception To TCPA For Government-Backed Loans
Troutman Sanders LLP has unique industry-leading expertise with the TCPA, with experience gained trying TCPA cases to verdict and advising Fortune 50 companies regarding their compliance strategy.
United States
24 Nov 2015
Fifth Circuit: TCPA Violation Requires Connection For Prerecorded Message, But Not For Dialer
On October 20, the United States Court of Appeals for the Fifth Circuit delivered its opinion in Ybarra v. DISH Network, LLC ("DISH")...
United States
2 Nov 2015
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