News

Review of FCC’s new Declaratory Ruling and Order

n June 18, 2015 the FCC held an open meeting during which they voted to approve an omnibus package of declaratory rulings (the “Order”) that address 21 petitions received by the FCC concerning the interpretation and implementation of the Telephone Consumer Protection Act (“TCPA”).

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

National Consumer Law Center Publishes Debt Collection Report

Last month the National Consumer Law Center (“NCLC”) published a report entitled “Debt Collection Communications: Protecting Consumers in the Digital Age” and submitted it to the Consumer Financial Protection Bureau (“CFPB”) for consideration in their upcoming Debt Collection Rulema

4th of July and other State Holidays for July

With the 4th of July Holiday fast approaching, it is important to note there are several state restrictions in place for outbound calls during the holiday period. These include:

Friday, July 3: Alabama, Louisiana, Utah*

Saturday, July 4: Alabama, Louisiana, Mississippi, Rhode Island, Utah*

Monday, July 6: Rhode Island*

*Independence Day Observed

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.

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