There’s Still Time Left To Comply: TCPA’s “Prior Express Written Consent”...
A friendly reminder: effective October 16, 2013, the FCC’s rules implementing the Telephone Consumer Protection Act of 1991 (“TCPA”) will require “prior express written consent” before a business may:...
View ArticleDecision Holds “Prior Express Consent” To Send Transactional Text Messages is...
In a recent decision, United States District Judge Stephen V. Wilson granted summary judgment to defendant Sabre Inc. (“Sabre”) on the basis that the plaintiff provided her “prior express consent” to...
View ArticleTwo FCC TCPA Orders Address Consent through an Intermediary, Provide First...
The FCC recently issued a Declaratory Ruling and an Order that provide some clarity in the TCPA arena and create a new exemption for certain types of text messages and calls. In sum, the FCC clarified...
View ArticleNew Connecticut Mini-TCPA Provides for Giant Penalties and Attorneys’ Fees
Companies sending text messages or conducting voice telemarketing in Connecticut beware! Connecticut has substantially amended its telemarketing law (the “mini-TCPA”), which now may regulate even more...
View ArticleLitigation, Litigation, Go Away, Come Again Another Day: TCPA Lawsuit Stayed...
Last week, a Seattle federal court granted the ridesharing company Lyft’s motion to stay a TCPA class action lawsuit brought against it pending resolution of two recent petitions for declaratory...
View ArticleThe FCC May Make Important Clarifications to the TCPA
Last week, FCC Chairman Wheeler put forth a proposal that will address more than 20 pending petitions before the Agency. The FCC will vote on the proposal June 18, 2015. Chairman Wheeler has posted...
View ArticlePossible Issues with FCC’s Clarifications to the TCPA
The Federal Communications Commission (“FCC”) adopted a package of declaratory rulings regarding the Telephone Consumer Protection Act of 1991 (“TCPA”), which the dissenting Commissioners warn could...
View ArticleThe FCC TCPA Order: What Does My Business Need To Know?
This Post Was Co-Authored by Partner, Justine Gottshall and Counsel, Brian Schaller The Federal Communications Commission (“FCC”) released its TCPA Omnibus Declaratory Ruling and Order (“Order”)...
View ArticleWillful or Knowing Violation of the TCPA: Treble Damages and What Businesses...
A U.S. District Court signaled that deterrence was a significant factor in awarding treble damages in a Telephone Consumer Protection Act (“TCPA“) lawsuit. The United States District Court for the...
View ArticleGood News for Marketers: Federal Court Rolls-Back FCC’s 2015 TCPA Regulations
A D.C. Circuit Court has ruled that the Federal Communications Commission (FCC) under President Barack Obama overreached in part when it issued its 2015 order providing guidance and interpreting the...
View Article