Supreme Court To Review FCC Deference In TCPA Cases

By Douglas A. Vonderhaar on December 5, 2018 Posted in Telephone Consumer Protection Act

On Nov. 13, 2018, the U.S. Supreme Court granted certiorari in Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, after the Fourth Circuit vacated a lower court ruling regarding what constitutes an “unsolicited advertisement” under the Telephone Consumer Protection Act (TCPA). No. 17-1705, 2018 WL 3127423, at *1 (2018). The Supreme Court is set … Continue Reading

The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance

By Rand L. McClellan on September 27, 2018 Posted in Telephone Consumer Protection Act

What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as “equipment that has the capacity” to “store or produce telephone numbers to be called, using a random or sequential number generator,” and “to dial … Continue Reading

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

By Rand L. McClellan on October 28, 2015 Posted in Telephone Consumer Protection Act

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone Consumer Protection Act (“TCPA”). Dominguez v. Yahoo, Inc., No. 14-1751, slip op. at 9 (3d Cir. Oct. 23, 2015). The … Continue Reading