Join us on Monday, June 22, for an important update regarding the TCPA and the FCC's new interpretation of the law. As you may have already heard, the FCC has announced that on Thursday, June 18, it will release important rulings about the meaning of the TCPA and will respond to a number of pending petitions.
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.
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.
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.
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.
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. The CGB is responsible for overseeing consumer protection statutes (such as the TCPA and CAN-SPAM Act) for which the FCC has authority.
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 system to call