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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: TCPA

Posted in News & Events

April 2016 Privacy and Cybersecurity Events

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.

Posted in Privacy & Security Litigation

California District Court Dismisses TCPA Putative Class Action Against AOL

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.

Posted in Consumer Privacy

Recent TCPA Compliance Developments and Risk Minimization Tips

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.

Posted in Consumer Privacy

D.C. Circuit Opens the Door to New TCPA Defense Arguments on Liability and Deference to FCC

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.

Posted in Consumer Privacy, News & Events

Upcoming Webinar on TCPA Issues 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.

Posted in Consumer Privacy

FCC Proposes $2.96 Million Forfeiture for TCPA Violations

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.

Posted in Consumer Privacy

New FCC Proceeding Seeks Comment on Potential Exemptions to Telemarketing, Autodialer, and Prerecorded Message Restrictions

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., […]