A number of industry trade associations have hit back with well-reasoned opposition documents submitted in various filings to the FCC just a few days ago.
Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed Debts
A District Court in the Southern District of California recently cut loose a student loan creditor entangled in a Telephone Consumer Protection Act (TCPA) lawsuit, finding the defendant was not vicariously liable for the alleged TCPA violations by its third party collectors.
BREAKING: FCC Seeks Comment on Petition Asking it to Overturn Presumed Prior Express Consent Rule for Informational Calls
The Commission announced today that it is soliciting comments on a petition for rulemaking and declaratory ruling filed by Craig Moskowitz and Craig Cunningham.
It’s not every day that a federal court describes a regulation as “a ‘mongrel’ – with no offense to dogs.” But last week, that’s how a federal court characterized a Federal Communications Commission (FCC) regulation on the Telephone Consumer Protection Act (TCPA).
Ninth Circuit Further De-Fangs Spokeo in a TCPA Case; Gives Practical Revocation Guidance for the First Time
Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. The decision provides quite a bit to chew on.
Facebook’s Birthday Text Lawsuit Survives Pleadings Stage; TCPA Survives Strict Scrutiny for the First Time
In Colin Brickman, v. Facebook, the Court denied Facebook’s motion to dismiss, determining that the Plaintiff had plausibly alleged the use of an ATDS in connection with birthday text alerts that were sent to his phone.
As expected, Trump has tapped Commissioner Ajit Pai to Chair the new-look FCC. This is great news for proponents of TCPA reform but, as with all things Commission related, we may not see any tangible results from his ascension for some time.
Democratic Chairman Wheeler announced yesterday that he will follow longstanding agency tradition and step down as Chairman of the FCC in light of the election of Republican Donald Trump as our next POTUS.
Can Trump Make the TCPA Great Again? A Highly-Speculative Look at the Future of the TCPA under a Trump Presidency
It remains to be seen whether Congress will work with President Trump to effect legislative change on key issues like TCPA reform. But, no matter what, I like our chances of seeing some real revisions to the TCPA under Trump’s presidency.
TCPA filings are up over 40% year to date. Indeed, the TCPA is now officially obeying Moore’s Law and doubling every two years. This year we’re on track to scrape 5,000 filings. If the trend continues we’ll be at 7,400 filings next year and flirting with 10k by the end of 2018.
The Eight (8) Things YOU Need to Know About This Week’s Big Oral Argument on the ACA Appeal of the FCC’s TCPA Omnibus Ruling
The DC Circuit Court of Appeals heard oral argument on Wednesday. This was a spectacle that did not disappoint. The advocacy was superb, the panel’s questions were telling and the exchanges with counsel were lively and, at times, exceptionally humorous.
The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t
Here’s something a lot of folks—even so-called TCPA “experts—tend to overlook. Most people realize that the TCPA contains two separate provisions with respect to the use of regulated technology to place calls to phone numbers; one applies to cell phones and the other to landlines. But most overlook that the two provisions contain radically different triggers for liability.
Tomorrow is the big hearing entitled, “Modernizing the Telephone Consumer Protection Act” in which the House Communications and Technology Subcommittee, chaired by Rep. Greg Walden (R-OR), will discuss, well, modernizing the TCPA.