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TCPA Debt Exemption Ruled Unconstitutional

TCPA Debt Exemption Ruled Unconstitutional

In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption "unconstitutional" and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act).

FCC Petition Urges Narrower Definition of ATDS

FCC Petition Urges Narrower Meaning Of ATDS

A coalition of trade organizations filed a petition for a declaratory ruling with the Federal Communications Commission (FCC). The petition urges the FCC to clarify and narrow the scope of the TCPA’s definition of an “automatic telephone dialing system” (ATDS).
Vroom Wins TCPA Text Messaging Lawsuit

Vroom Wins TCPA Text Messaging Lawsuit

Vroom, Inc., an online car retailer, received a favorable ruling from the Southern District of Florida in March that is good news for business that use automated text messaging. The lawsuit dealt with the issue of consent and the type of consent required as defined by the TCPA.
CBE Wins TCPA Lawsuit Based On Strict Definition of ATDS

Strict ATDS Definition Results In TCPA Court Win

In Marshall v. The CBE Group, Inc. the plaintiff filed a TCPA lawsuit alleging that The CBE Group had called her using an ATDS. Citing the recent ACA v. FCC decision and stating that it would apply a strict definition of an ATDS, the court held that CBE's, "communications infrastructure does not constitute an ATDS."
DC Circuit Ruling on 2015 TCPA Omnibus Order

DC Circuit Issues Decision On The FCC’s 2015 TCPA Order

On Friday, March 16, 2018, the D.C. Circuit at last issued its long awaited decision on the challenge to the FCC's 2015 Omnibus Declaratory Ruling and Order. The court’s decision addressed claims that the FCC exceeded its authority in defining key elements of the TCPA.
Five Simple Tips For Telemarketers To Win Lawsuits

5 Simple Tips Help Telemarketers Win TCPA Lawsuits

Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. Here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court.
TCPA Watch List - Hot Issues For 2018

TCPA Watch List: Issues For 2018

The TCPA continues as the statute of choice among plaintiffs and class action attorneys. Many of the problems that were inherent of the TCPA in 2017 are still with us as we move forward into what we expect to be a better year for businesses and telemarketing in particular.
Appeal of FCC 2015 TCPA Order

Court To Decide Major TCPA Changes

It could be the most important court decision to affect the telemarketing industry since the enactment of the Telephone Consumer Protection Act of 1991. The issues of concern in ACA Int’l v. FCC are autodialers, reassigned numbers, and revocation of consent.