Exemptions

An illustration of human lungs in front of a lab technician holding a vial that is labeled "COVID-19"

The TCPA During the Coronavirus Pandemic

The current, novel coronavirus pandemic that is spreading COVID-19 is causing massive upheaval worldwide. For telemarketers, this is creating uncertainty as to how regulations such as the TCPA and state laws dictate what sorts of calls are allowed during such a period of emergency.

Court Dismisses TCPA Suit Against Subway on Multiple Grounds

The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds.

Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements

The office of Curtis T. Hill, Attorney General for the state of Indiana, has issued an opinion that clarifies certain aspects of new telemarketing regulations passed by the state legislature. Most notably, the AG sets forth some exemptions to the telemarketing registration requirements run that legislation.

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).

TCPA Healthcare Exception Tested in Court

The Healthcare Exception to the TCPA had its day in court this month. In their decision, the U.S. Court of Appeals for the Second Circuit issued a broad interpretation for automated calls delivering healthcare messages.

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.

Credit Unions Petition FCC For TCPA Exemptions

On Friday, a petition was filed with the FCC seeking regulatory relief for credit unions from unnecessary requirements that restrict them from communicating with their own members.

Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA

The United States District Court for the Western District of Washington just granted summary judgment for the defendant in a case that is great news for the dialer vendor industry. The court held that CallFire, a dialer vendor that simply transmits messages on behalf of their clients, was a common carrier, and therefore exempt from the TCPA.

FCC Denies Petition to Exempt Mortgage Servicing Calls

During the summer of 2016, the Mortgage Banking Association (MBA) petitioned the Federal Communications Commission (FCC) to have certain mortgage servicing calls exempt from the autodialer regulations in the TCPA. In the petition, the MBA argued that mortgage servicers are responsible for contacting borrowers and gathering important and urgent data.

FCC issues TCPA Declaratory Ruling in favor of Schools and Utilities

On August 4, 2016, the FCC issued a declaratory ruling in response to petitions from Blackboard, Inc., as well as a joint petition by Edison Electric Institute and the American Gas Association. Both petitions sought clarifications on the already existing "emergency purposes" exemption in the TCPA.

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