Skip to main content

Free call deliverability test

News

Two New District Court Rulings Apply Statutory Definition of ATDS

A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v. Yahoo

FCC Delays Implementation of Recycled Number Database Until 2020

In December 2018, the FCC announced a plan to create a reassigned number database. Callers would be able to scrub their number lists against this database in order to remove any numbers that have been reassigned to new users, thus decreasing the possibility of incurring Telephone Consumer Protection Act (TCPA) violations by calling these new users.

New House Bill Changing Arbitration Rules Could Have TCPA Implications

As one of their first acts upon returning from the August recess, the House of Representatives Judiciary Committee passed the Forced Arbitration Injustice Repeal (FAIR) Act. This bill could have consequences for Telephone Consumer Protection Act (TCPA) lawsuits in the unlikely event that it becomes enacted into law.

California Jury Renders $267 Million TCPA Verdict Against a Debt Collector

A California-based debt collector received an astoundingly high amount of damages in a verdict rendered this week. The jury in McMillion v. Rash Curtis & Associates, 4:16-cv-03396 (N.D. Cal.) hit the defendant with a $267 million verdict for Telephone Consumer Protection Act (TCPA) violations on 534,000 calls.

Advisory: Florida State of Emergency - Hurricane Dorian

​​​​​​​Updated: Now includes Georgia, South Carolina, North Carolina, and Virginia. Note: While there is no legal prohibition to solicitation calls to these states, we recommend you exercise caution before marketing to consumers in areas affected by the hurricane.  On Wednesday Florida Gov. Ron DeSantis declared a state of emergency for 26 Florida counties including all of South Florida, as Hurricane Dorian approaches. States of emergency have been subsequently declared in Georgia, South Carolina, North Carolina, and Virginia.