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Please join us for our April 2016 Privacy and Cybersecurity Events, including discussions on the Internet of Things, big data in healthcare, the Telephone Consumer Protection Act, international data flows, and more.
On September 11, 2015, the Federal Communications Commission Enforcement Bureau issued citations to F.N.B. Corporation and Lyft, Inc., a ride-sharing service, for Telephone Consumer Protect Act violations pertaining to the marketing rules.
On Monday, June 1, a District Court in the Northern District of California granted AOL’s motion to dismiss plaintiff Nicholas Derby’s putative TCPA class action complaint on the grounds that the complaint failed to allege facts sufficient to establish that the AOL Instant Messenger service was an automatic telephonic dialing system under the Act. Notably, the court did not wait until discovery had been conducted to determine whether the AIM service qualified as an ATDS.
FCC Chairman Wheeler has announced that he is circulating a proposal to address more than twenty pending petitions seeking clarity regarding the scope requirements under the U.S. Telephone Consumer Protection Act. He authored a blog post on the proposal and also released a fact sheet
The Hogan Lovells Telephone Consumer Protection Act (TCPA) Working Group has published an alert addressing recent TCPA litigation and regulatory compliance developments. The alert notes that the number of TCPA cases is increasing and summarizes recent decisions that provide guidance regarding what constitutes prior express consent for non-telemarketing calls under the TCPA and its regulations. The alert concludes with some regulatory compliance tips to help minimize risk.
A Telephone Consumer Protection Act (TCPA) case decided by the U.S. Court of Appeals for the D.C. Circuit has direct implications for all organizations that employ third-party providers to conduct their outbound calling and text messaging campaigns. It could also impact the extent to which courts will defer to the FCC’s guidance regarding the TCPA. In addition, on February 6, members of Hogan Lovells’ TCPA Practice will host a special webinar on recent TCPA developments and key compliance challenges for 2014.
On February 6, 2014, members of Hogan Lovells’ Telephone Consumer Privacy Act Practice will host a webinar on recent TCPA developments and key compliance challenges for 2014. Among the topics that will be covered are how the Federal Communications Commission will apply the new “prior express written consent” requirements; what constitutes an “automatic telephone dialing system”; and whether and how the TCPA applies to mobile offerings and other new technologies and services.
The Federal Communications Commission has proposed a $2.96 million forfeiture against Travel Club Marketing, Inc. for apparent violations of the Telephone Consumer Protection Act (TCPA) and related FCC rules regarding the delivery of prerecorded messages, as well as its Caller ID rules. This enforcement action serves as a reminder to companies placing autodialed calls or delivering prerecorded messages to ensure that such calls and messages comply with federal and state laws. Otherwise, they risk not only class action litigation, but also potential regulatory enforcement fines that are imposed on a per-call basis.
The Federal Communications Commission (FCC) issued a Public Notice seeking comment on a Petition for Expedited Clarification and Declaratory Ruling (Petition) filed by Global Tel*Link Corporation (Global Tel) regarding its outbound calling practices. The Petition raises several key issues under the Telephone Consumer Protection Act (TCPA) and related FCC rules, including whether certain calls (e.g., […]