On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic. The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s Telephone Consumer Protection Act interpretations in private litigation. Instead of deciding that issue, however, the Court vacated the Fourth Circuit’s ruling and remanded the case for further development. How the Fourth Circuit rules on remand may ultimately provide more insight on how much deference is owed to the FCC’s TCPA interpretations.
Tag Archives: Telephone Consumer Protection Act
FCC Seeks to Refresh the TCPA Record
Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board in a new Public Notice that seeks comment on foundational TCPA issues.
Privacy and Cybersecurity November 2017 Events
Please join us for our November 2017 Privacy and Cybersecurity Events.
Upcoming Webinar on Privacy and the Internet of Things
Join us tomorrow, October 25 for the next installment of our 2017 Internet of Things webinar series and get practical guidance on privacy compliance challenges presented by the Internet of Things.
Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits
Growing evidence suggests that existing Telephone Consumer Protection Act compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small businesses that have fewer resources and could face financial ruin if targeted by a class action lawsuit. To help address this issue and support the U.S. economy, Congress and the Federal Communications Commission should revise the current TCPA framework and facilitate reasonable, practical compliance approaches for companies attempting in good faith to communicate with customers.
Privacy and Cybersecurity June 2017 Events
Please join us for our June 2017 Privacy and Cybersecurity 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.
BREAKING NEWS: FCC Adopts New Rules to Limit “Robocalls”
A Report and Order from the Federal Communications Commission imposes new restrictions on autodialed and prerecorded telemarketing calls. Clients engaging in telemarketing should take note, as these restrictions extend beyond similar restrictions imposed by the Federal Trade Commission in 2009.
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.
New TCPA Reform Bill Introduced in House
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.
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., […]