FCC Clarifies COVID-19 TCPA Emergency Purposes Declaratory Ruling
The Federal Communications Commission (FCC) issued a public notice yesterday clarifying the scope of the commission’s March 20, 2020 Declaratory Ruling about the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA) as it pe
TCPA Risks for Political Campaigns
Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true. However, because political calls are not regulated in the same way as marketing calls it is important to understand the distinct character of TCPA regulations for political campaigns. This article outlines the regulations and requirements that govern this unique form of telephone solicitation.
Georgia Congressional Candidate Faces TCPA Lawsuit Over Campaign Texts
A Georgia state legislator faces a class action for alleged Telephone Consumer Protection Act (TCPA) violations committed in service of her campaign for a congressional seat.
EDITORIAL: What did the Supreme Court do to the TCPA?
It was a clever lawsuit: suing the government and challenging the TCPA (Telephone Consumer Protection Act) under the auspices of the First Amendment. The heart of the case—the government-held debt collection exemption is a content-based restriction on speech—will have telemarketers rejoicing: no more TCPA nuisance lawsuits! ”Gentlemen… start your dialers!” Wait… stop… what have we done?
Run It Back: SCOTUS Agrees to Hear Another Potentially Huge TCPA Case Next Year
While everybody is still digesting the Supreme Court’s status-quo-maintaining decision in Barr v. AAPC, the court announced that they have granted the petition for writ of certiorari in another case that could have significant consequences for the Telephone Consumer Protection Act (TCPA).
SCOTUS Strikes Down Debt Exemption, Upholds TCPA as a Whole
This is the way Barr v. AAPC ends
This is the way Barr v. AAPC ends
This is the way Barr v. AAPC ends
Not with a bang but with a whimper.
FCC Issues Declaratory Ruling That Click-to-Text Is Not an ATDS
The Federal Communications Commission (FCC) issued a Declaratory Ruling holding that click-to-text platforms will not be considered to be Automatic Telephone Dialing Systems (ATDS) if the phone number is manually added each time.
The Possibility of TCPA Being Invalidated Is No Reason for Complacency
The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their compliance efforts.
Court Invokes TCPA Debt Exemption Despite Imminent SCOTUS Ruling
While everybody waits to see if the government-backed debt exemption leads to the Supreme Court potentially invalidating the Telephone Consumer Protection Act (TCPA) entirely, a district court somewhat surprisingly decided to enforce that same debt exemption.