FCC Announces Formation of Hospital Robocall Protection Group
Last week, the Federal Communications Commission (FCC) announced the formation of a Hospital Robocall Protection Group. According to the FCC, this group—whose formation is mandated by the TRACED Act—will work to develop best practices for the following:
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 complaint filed in the Southern District of California accuses the animal rights, nonprofit organization People for the Ethical Treatment of Animals (PETA) of violating the Telephone Consumer Protection Act (TCPA) by sending automated text messages promoting the meat substitute Beyond Meat. Beyond Meat is also named as a defendant in the class action.
State Restricted Do Not Call Dates
April 10, 2020 – Good Friday
April 27, 2020 - Confederate Memorial Day
Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find to be compelling.
UPDATE 6/23/2021
Governor Cuomo announced today that he would allow the state of emergency to expire on June 24, 2021.
UPDATE 5/27/2021
On May 25, Governor Cuomo extended the state of emergency through June 24, 2021.
In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D. Fl. Feb.
