Newsletters

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?


01.26.17

SPECIAL FOCUS: FCC Under Pai: Implications for the TCPA

On January 23, 2017, President Trump appointed Commissioner Ajit Pai to serve as the next chairman of the Federal Communications Commission (FCC).


01.18.17

California TCPA Defendant Gets Mixed Rulings

A California federal court judge issued a pair of rulings resulting in a split decision for Telephone Consumer Protection Act defendant Dick's Sporting Goods.


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.


11.15.16

D.C. Circuit Hears Argument on FCC Petitions

On October 19, Judges Srinivasan and Pillard and Senior Judge Edwards of the D.C. Circuit heard argument in ACA International v. FCC, which addressed several consolidated petitions, including those by the U.S. Chamber of Commerce and Sirius XM, challenging the Federal Communications ...


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.


09.20.16

SPECIAL FOCUS: Responses to Retail Webinar Attendee Questions

During our hugely successful “Avoiding TCPA Pitfalls: Essential Guidance for Retailers” webinar this summer, we received dozens of questions from attendees, most of which we were not able to address during the closing minutes of the presentation. But, we held on to the questions and ...


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 ...


06.21.16

Lyft Swerves to Avoid TCPA Claim, But Suit Continues

A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law claims, but ruling that the ride-sharing company could not be liable under the federal statute for an advertising campaign that allowed ...