Tag Archives: FCC

The D.C. Circuit Significantly Limits the Reach of the TCPA Statute, but Issues Still Remain

Circuit
On March 16, 2018, almost seventeen months after oral argument, the U.S. Court of Appeals for the District of Columbia finally issued its ruling on several consolidated administrative challenges to the Federal Communications Commission’s (FCC) July 2015 Omnibus Declaratory Ruling and Order (Order) interpreting various provisions of the Telephone Consumer Protection Act. ACA Int’l v. … Continue reading this entry

3 Enforcement Priorities For State AGs In 2018

Enforcement
2018 is, once again, an election year! State attorney general campaigns will be in full swing with 31 elections, of which 10 are open seats, including big-state races in Florida, Illinois, Ohio, Michigan, and the most competitive per-capita primary in South Dakota. In addition, next year triggers up to three gubernatorial appointments among Alaska, Wyoming … Continue reading this entry

Strip Club Beats TCPA Case With Human Intervention

The Sapphire Gentlemen’s Club in Las Vegas sends promotional text messages to its customers. Doing so involved multiple steps. First, a Club employee inputs telephone numbers into a mobile marketing website. He does this by either manually typing the number or by uploading or cutting and pasting an existing list of phone numbers to the … Continue reading this entry

The FCC Broadens TCPA's Reach: More Lawsuits Ahead!

The Federal Communications Commission (“FCC”) issued its declaratory ruling and order addressing over 20 pending petitions on Friday, July 10, 2015. This new ruling effectively requires companies to make a fresh evaluation of their telephone technology and, in most cases, change existing policies and practices. Some of the rulings of general applicability are described in this post.… Continue reading this entry

FCC Chairman Proposes New TCPA Rules

The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory ruling to fellow commissioners, which would address issues raised in more than 20 pending petitions. The fact sheet summarizing the chairman’s proposal … Continue reading this entry

Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an outstanding bill of $68. Nigro did not know about that when he gave his number. He was not legally required to … Continue reading this entry

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of Appeals for the Eleventh Circuit vindicated that view by overruling an … Continue reading this entry