Category: TCPA

TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter. (If you’d like to join this list, please drop us a line.) November has delivered some blockbuster news, however, and we decided to highlight some of the notable developments in this mid-month TCPA Roundup. SCOTUS...

Ninth Circuit Rules an ATDS Need Only Have the Capacity to “Store Numbers to Be Called” and Dial “Automatically”

In Marks v. Crunch San Diego, No. 14-56834, 2018 U.S. App. LEXIS 26883 (9th Cir. Sept. 20, 2018), a three judge panel found “the term ‘automatic telephone dialing system’ means equipment which has the capacity (1) to store numbers to be called, or (2) to produce numbers to be called, using a random or sequential number generator-and to dial such numbers automatically (even if the...

Callers Beware: Direct Drop Voicemails Fall Within the Purview of TCPA Liability Says District Court

Is a direct drop voicemail a “call” under the TCPA, as compared to a text message, which we know does constitute a call?  While the FCC has yet to weigh in, in the first judicial opinion on the subject, a federal court in the Western District of Michigan found they were in Saunders v. Dyck O’Neal, 17-cv-335, 2018 U.S. Dist. LEXIS 121076 (W.D. Mich. July 16, 2018).

3rd Circuit Grants Summary Judgment in Favor of Yahoo! in Reassigned Phone Number Class Action

In a much anticipated opinion and big defense victory, the 3rd Circuit granted summary judgment this week in favor of Defendant Yahoo in a reassigned number class action case involving thousands of text messages to Plaintiff’s cell phone using an autodialer.  The Court noted that lawsuit has always depended upon Plaintiff’s assertion that Yahoo’s Email SMS Service was an “automatic telephone dialing system,” i.e., an...

The Ever-Evolving Interpretation of an ATDS: Where Are We Now? (No, Really!)

On May 5, 2018, a broad range of 18 industry groups led by the U.S. Chamber of Commerce, including ACA International and members of the financial services industry, petitioned the FCC to seek clarity on the definition of an automatic telephone dialing system in light of the D.C. Circuit’s March 16, 2018 decision in ACA Int’l. v. FCC, which vacated the FCC’s prior ATDS interpretation as unreasonable, arbitrary, and capricious.

Congress Considers So-Called ROBOCOP Bills

While the D.C. Circuit and the FCC have been in the limelight over the past few years for the regulation of automated calls, Capitol Hill is now abuzz with its own efforts to answer the clarion call of consumer complaints over the issue. Democrats in both the Senate and the House have decided to throw their hats in the ring by introducing legislation seeking to enhance protections for consumers besieged by the purported ongoing epidemic of “robocalls.”

PSA: FCC Seeks Comment on Reassigned Number Databases and the Creation of a TCPA Safe Harbor

As we reported last month, on the heels of the D.C. Circuit’s ruling in ACA Int’l v. FCC, the D.C. Circuit has created a tabula rasa for the FCC’s treatment of reassigned numbers under the Telephone Consumer Protection Act. The FCC now seeks to clarify the interplay between that decision and the Commission’s ongoing efforts to establish one or more reassigned number databases.

FCC Leadership to Change Composition as Clyburn Announces Retirement

Last week, Democrat Mignon L. Clyburn announced that she will be stepping down from her position as a commissioner of the Federal Communications Commission before its next scheduled meeting on May 10. Commissioner Clyburn was first nominated to serve on the FCC by President Barack Obama in August 2009, and she completed her second term with the agency last summer. President Donald Trump and the Senate will be responsible for filling her seat with a Democratic appointee to restore the 3-2 Republican-Democratic split and thereby keep with the custom that three of the FCC’s five commissioners be affiliated with the party of the President.

ACA International v. FCC Aftermath: 28 Days Later

In ACA Int’l v. FCC, No. 15-211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) the United States Court of Appeals for the District of Columbia Circuit overturned the FCC’s “expansive” interpretation of what constitutes an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. For an overview of key takeaways from the ruling, please see...

Back to Basics: What is an “ATDS,” Really?

Following the D.C. Circuit’s opinion in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 at *9 (D.C. Cir. Mar. 16, 2018), members of the Bar on all sides have found themselves potentially living in a throwback era. This is particularly true with respect to what may or may not qualify as an automatic telephone dialing system, or “ATDS,” under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) that raises a number of questions regarding the future of the Telephone Consumer Protection Act. The ACA Int’l decision, however, left certain healthcare communications intact while establishing the test in which a party is an “aggrieved party” for purposes of challenging orders issued by the Federal Communications Commission (“FCC”). This article provides a brief overview of the TCPA regulatory landscape and examines the implications of the ACA Int’l decision for the healthcare industry.