• 07.11.18

    Proposed Legislation, Testimony, and Proposed Rulemaking on Robocalls

    Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the FTC about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the FCC having all been released in the past few months.

  • 07.01.18

    Top Takeaways From the DC Circuit’s Long-Awaited TCPA Decision

    The old adage “good things come to those who wait” showed itself to be true when on March 16, the US Court of Appeals for the DC Circuit released its hotly anticipated decision in ACA Int’l v. FCC, just shy of 17 months after oral argument.

  • 12.01.17

    The ABC’s of the TCPA

    The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227 et seq.—or “Total Cash for Plaintiffs’ Attorneys,” as it’s euphemistically called—is an increasingly hot topic in litigation. A federal consumer privacy statute that regulates the ...

  • 09.27.17

    Spoofed Robocalls Yield Another Multimillion-Dollar Fine From FCC

    By Christine M. Reilly, Chair, TCPA Compliance and Class Action Defense | Diana L. Eisner, Associate, LitigationCiting more than 21 million illegal calls, the Federal Communications Commission proposed an $82 million fine against Best Insurance Contracts, Inc., and owner Philip Roesel.The agency ...

  • 09.27.17

    Surprising Results for U.S. Chamber Statistics on TCPA Cases

    By Christine M. Reilly, Chair, TCPA Compliance and Class Action DefenseDuring a 17-month period after the Federal Communication Commission’s July 2015 order, the U.S. Chamber Institute for Legal Reform compiled a database of 3,121 Telephone Consumer Protection Act cases filed ...

  • 08.24.17

    TCPA Violation Where Marketing the 'One Purpose' of Calls

    TCPA Violation Where Marketing the ‘One Purpose’ of CallsBy Christine M. Reilly, Chair, TCPA Compliance and Class Action Defense | Diana L. Eisner, Associate, LitigationOn remand from the U.S. Court of Appeals, Eighth Circuit, a Missouri federal judge found that robocalls voiced by Mike ...

  • 07.06.17

    Reaching Customers Through Ringless Voicemail: A Legal Perspective

    Ringless voicemail technology is a way for businesses to contact consumers without interrupting them on their mobile phones. Also known in the CRM industry as voice drops, v-drops and direct drops, this technology allows businesses to leave messages on a consumer’s voicemail box without ever ...

  • 06.05.17

    Call Me, Maybe: The TCPA's Impact on Technology Used for Consumer Communications

    The widespread adoption of mobile technology has enabled businesses to better connect with potential and existing customers and increase customer engagement. But, as Spiderman’s Uncle Ben warned us, with greater power comes greater responsibility. In the consumer marketing and engagement ...

  • 05.07.17

    Why a Court Ruling on Faxing Matters to the Device Industry

    “Believe it or not, the fax machine is not yet extinct.”So began the split-panel decision of the U.S. Court of Appeals for the District of Columbia Circuit invalidating the Federal Communication Commission’s Solicited Fax Rule in Bais Yaakov of Spring Valley et al. v. FCC, 14-1234 ...

  • 04.10.17

    No Opt-Out? No Problem: D.C. Circuit Overturns the FCC's Solicited Fax Rule

    In a major decision that will surely impact the healthcare industry, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule in Bais Yaakov of Spring Valley et al. v. FCC, 14-1234 (D.C. Cir. Mar. 31, ...