FCC releases public notice seeking comments on reinterpreting the TCPA. March’s court ruling in ACA International v. FCC invalidated their interpretations of the TCPA. Now they are questioning the extent of their authority.
The largest robocall fine in history was issued by the Federal Trade Commission (FCC). The $120 million fine against Adrian Abramovich was for making nearly 100 million robocalls over a three month period that spoofed CallerID.
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, 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.
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."
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.
Three Utah-based firms and their owner have agreed to a proposed court order settling the Federal Trade Commission’s (FTC) charges against them. The proposed court order imposes a $45.5 million civil penalty judgment, of which all but $487,735 is conditionally suspended, provided certain conditions are met.
The long awaited opinion from the DC Circuit Court of Appeals has been released in ACA International, et al., v. Federal Communications Commission. This is a very significant decision for the telemarketing industry, as it partly strikes down the FCC's 2015 TCPA expansion.
The Ninth Circuit Court of Appeals reinstated a TCPA lawsuit previously dismissed for lack of Article III standing. The court’s decision to reinstate this lawsuit has important implications for defendants who challenge the TCPA at the pleading stage.
Faced with possible fines in excess of $121 million, JPMorgan Chase agreed to a $2.25 million TCPA class action settlement. The financial services firm was accused of violating the TCPA by autodialing over 200,000 cell phones after their customers had already verbally revoked consent.