FCC TCPA Declatory Ruling Released
Commission Responds to Requests from Businesses and Attorneys General for Guidance on Robocall Blocking, Autodialers, Recycled Phone Numbers and More.
$229,500 TCPA judgment against Time Warner Cable
The United States District Court, for the Southern District of New York recently granted summary judgement against Time Warner Cable, and awarded the plaintiff $229,500 as statutory damages for the 153 automated calls Time Warner made to the plaintiff’s cell phone
The business community is on edge awaiting the full text of the FCC’s declaratory ruling
On June 18, 2015, during the FCC’s open meeting, the Commissioners voted 3-2 (along party lines) to adopt a package of declaratory rulings that respond to a number of petitions seeking clarification on the FCC’s rules under the TCPA.
Federal Court reaches common sense conclusion in TCPA class action against AOL
On June 1, 2015 the United States District Court for the Northern District of California granted AOL’s motion to dismiss a case seeking class action status for alleged TCPA violations based on text messages sent by AOL’s Instant Messenger service (“AIM”), and confirmation text messages sent from AOL to individuals who request not to receive future text messages from AIM.
Federal government taking steps to clarify the TCPA
Both the Eleventh Circuit Court of Appeals and the FCC have taken helpful steps in clarifying some of the many unresolved issues facing businesses under the TCPA.
Eleventh Circuit provides helpful clarity on “willful or knowing” violations of the TCPA
The Eleventh Circuit recently issued an opinion in the case of Lary v. Trinity Physician Financial & Insurance Services which sheds light on several TCPA related issues.
U.S. Supreme Court takes on Rampant TCPA Litigation
On May 18, 2015 the U.S. Supreme court announced that they will be hearing an appeal on the case of Campbell-Ewald Company v. Gomez. At issues in this case, is whether a defendant business can terminate a TCPA class action lawsuit by offering the lead plaintiff everything that he could individually recover under the law if he were to win at trial.
TCPA News from the FCC
FCC Chairman Tom Wheeler recently announced that he plans on naming Alison Kutler as Acting Chief of the Consumer and Governmental Affairs Bureau (“CGB”), effective June 1.
District Court decision supports legality of using separate system to call cell phones.
In a recent decision in the United States District Court for the Northern District of Illinois, the court held that the defendant, who used two different phone systems – an autodialer and a separate click to call system – had not violated the TCPA by using the click to call syste
Wal-Mart gets hit by another TCPA class action lawsuit
Last September a class action lawsuit was filed against Wal-Mart in Florida for allegedly making automated prescription refill calls in violation of the TCPA. A new TCPA lawsuit against Wal-Mart has now been filed in the Northern District of Georgia, and is also seeking class action status.