Newsletters

10.31.17

Reassigned Numbers: Commenters Embrace Database, Split on Safe Harbor

Of the dozens of comments filed in response to the Federal Communications Commission’s (FCC) request on how to handle the problem of reassigned numbers, the majority appeared to support the agency’s plan to establish a central database, although opinions differed on the details.


08.24.17

Lacking List of Recipients, Sixth Circuit Denies Class Certification

Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list of recipients the class cannot be ascertained, the U.S. Court of Appeals, Sixth Circuit declined to certify a class of tens of thousands of ...


04.18.17

FCC Combats Spoofed Robocalls

As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a Notice of Proposed Rulemaking and Notice of Inquiry.


02.17.17

Case Not Moot Even After Rule 67 Funds Deposited

Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to Federal Rule of Civil Procedure 67?


12.20.16

Defendant’s Attempt to Moot TCPA Suit Fails (Again)

A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute despite offering the plaintiff $46,500 and promising to refrain from future violations.


10.18.16

New Record Deal Reached in TCPA Settlement

In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise marketing companies to pay up to $76 million to two classes of call recipients.


08.16.16

FCC Issues Report and Order on Budget Act Exemptions

On August 11, 2016, the Federal Communications Commission issued a Report and Order implementing Section 301 of the Bipartisan Budget Act of 2015, which amended the Telephone Consumer Protection Act by excepting from the Act's consent requirement robocalls "made solely to collect a debt ...


07.19.16

FCC: U.S. Government Is Not a Person Under TCPA

In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the Telephone Consumer Protection Act, the Federal Communications Commission issued a declaratory ruling on July 5, finding that the ...


05.24.16

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins.


05.17.16

BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases

The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a claim for violation of the federal Fair Credit Reporting Act (FCRA), a holding that could have major repercussions for consumer plaintiffs pursuing claims ...