Consumer Financial Services Legal Update Blog

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.

Panel Set in Crucial Appeal of TCPA Omnibus Ruling

The DC Circuit Court of Appeal has revealed the panel for the ACA, Intl. proceeding challenging the FCC’s oft-criticized 2015 TCPA Omnibus ruling. The judges assigned are Judges Srinivasan, Pillard, and Edwards.

D.C. Circuit Tosses Consumer Complaint Following Spokeo

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, the D.C. Circuit found that the lead plaintiffs did not sufficiently allege any harm suffered from the alleged violations.

The FCC’s 2016 BBA Implementing Ruling Digested (Volume 2): The TCPA Does Not Apply to the Federal Government, Except that it Does

The 2016 FCC BBA Order is baffling throughout, but the most mystifying element of the ruling is its sleight of hand with respect to the TCPA’s application to calls made by the Federal government. To be crystal clear—the federal government is not a “person” subject to the TCPA. To be even more crystal clear—yes it is. (If you can follow that logic, you just might have a future in government.)

The FCC’s 2016 BBA Implementing Ruling Digested (Volume I): The 10 Things You NEED to Know Before Making Calls to Collect on Government-Backed Debt

On August 11, 2016 the FCC issued its long-awaited ruling implementing the 2016 Bi-Partison Balanced Budget Act (“BBA”) Amendment that carved out collection calls on government-backed debt from TCPA coverage. In re Rules & Regulations Implementing Telephone Consumer Protection Act of 1991 (August 11, 2016) FCC 16–99 (“2016 FCC BBA Order”)

No More Playing Hookie: FCC Finds That The TCPA’s Emergency Purposes Exemption is Broad Enough to Allow Schools to Report Truancy to Parents (and Other Important Rulings)

Huck Finns of America beware. There will be a lot less time spent at the ole’ fishing hole during schools hours starting next year thanks to a declaratory ruling from the Federal Communications Commission (FCC) issued on August 4, 2016. Effective immediately schools and teachers may leverage automated technologies to send text alerts and pre-recorded messages to parents to swiftly inform them of their child’s unexcused absences.