Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” in the Telephone Consumer Protection Act. On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used by AT&T did not qualify as an autodialer. Like the Eleventh Circuit in Glasser v. Hilton Grand Vacations Company, LLC and Third Circuit in Dominguez v. Yahoo, Inc., the Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers. Because the system used by AT&T simply pulled numbers from a database, the court found that the system was not an autodialer and the texts did not violate the TCPA.
This summer, several states have enacted legislation addressing a broad range of privacy issues including data breach notification, health care privacy, employer access to employees’ and applicants’ social networking accounts, the collection of Social Security numbers, and telemarketing. We provide an overview of the recent privacy regulation developments in Vermont, Connecticut, Hawaii, New York, and Illinois.
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.
Legislation has been introduced in the U.S. House that would modernize the Telephone Consumer Protection Act and enable businesses to make additional informational calls to wireless telephone numbers. As currently drafted, however, the bill would retain many of the existing restrictions on placing telemarketing calls to wireless telephones.
On December 7, the Federal Trade Commission (FTC) released an Advance Notice of Proposed Rulemaking (ANPR) seeking comment on how to address telemarketing practices designed to circumvent existing Caller ID rules, and how to make Caller ID a more useful tool for screening unwanted calls.
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., […]