Tag Archives: TCPA

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

D.C. Circuit Overturns Parts of the FCC’s Expansive Interpretation of the TCPA

By Matthew K. Cowherd on March 29, 2018 Posted in Telephone Consumer Protection Act

On March 16, a panel of the United States Court of Appeals for the D.C. Circuit issued a long-anticipated decision that vacated in part, and affirmed in part, portions of the Federal Communication Commission’s (FCC’s) July 10, 2015, Omnibus Declaratory Ruling and Order (the Order) that gave controversial interpretations of key provisions of the Telephone … 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

Sixth Circuit Rules on New TCPA Limitations

By Melonia A. Bennett on August 25, 2015 Posted in Telephone Consumer Protection Act

On Friday, the Sixth Circuit declared that a debtor who provides a cellphone number to a creditor has consented to receiving calls, and the creditor does not violate the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by directing repeated, automated calls to his cellphone seeking payment. In the case of Hill v. Homeward … Continue Reading

The Sixth Circuit Further Defines “Advertisement” Under the Telephone Consumer Protection Act

By Joel D. Gottesman on July 13, 2015 Posted in Telephone Consumer Protection Act

Last month, in a case of first impression, the Sixth Circuit Court of Appeals issued an opinion finding that unsolicited faxes intended strictly for informational purposes were not “advertisements” and therefore not actionable under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. 227 et. seq. Sandusky Wellness Center v. Medco Health Solutions, No. 14-4201 (6th … Continue Reading

Supreme Court Will Address Impact of Offer of Judgment in TCPA Class Actions

By Anthony Sharett on June 4, 2015 Posted in Class Actions, Telephone Consumer Protection Act

On September 9, 2014, in Campbell Ewald Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), the Supreme Court held that Campbell Ewald could be held liable under the Telephone Consumer Protection Act (TCPA) for text messages it sent to individuals concerning Navy recruitment. The Court found that the plaintiff’s individual claim was not moot, … Continue Reading