A district court in Florida delivered the latest in a series of rulings that undermine the argument that ringless voicemail is not covered by Telephone Consumer Protection Act (TCPA) regulations.
On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A. No.
A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations.
In January of this year, NorthStar Alarm Services, LLC filed a petition with the FCC asking the agency to rule that soundboard technology, also known as avatar, does not fall under the definition of a prerecorded message under the TCPA.
Transworld Systems Inc. (TSI) scored another victory in its defense against a TCPA lawsuit that sought to categorize their LiveVox Human Call Initiator devise as an Automated Dialing System (ATDS). The plaintiff claimed that TSI violated the TCPA when they made multiple debt collections calls to his cellphone without his prior expressed consent.
The Soundboard Association (SBA) lost its battle to prevent implementation of the November 10, 2016 FTC Staff Opinion Letter to the telemarketing industry on avatar or "soundboard" technology.
Today the FTC released a staff opinion letter stating that, effective May 12, 2017 (six months from now), it will no longer distinguish soundboard calls from more traditional prerecorded robocalls.
Calls with a prerecorded message or made using an automated telephone dialing system to a Voice-over-Internet number with limited minutes should be treated the same as calls to a cellphone under the Telephone Consumer Protection Act, a New York federal court has ruled.