Henry Pietrkowski

Firm/Organization: Reed Smith LLP

Blogs: Financial Services Litigation Report, FinTech Update, Life Sciences Legal Update, Technology Law Dispatch

Latest Articles

Debt Collector Not Liable Under the TCPA for Post-Revocation Calls Made On Behalf of a Different Creditor

By Henry Pietrkowski, Abraham Colman & Raymond Kim

August 28, 2017

In an important decision for the collection industry, the court in Michel v. Credit Protection Ass’n L.P., No. 14-cv-8452, 2017 WL 3620809 (N.D. Ill. Aug. 23, 2017), refused to find a debt collection company liable under the TCPA for cell phone calls made on behalf of one creditor (ComEd) when the plaintiff’s oral revocation of consent related to a different creditor (Comcast). The Michel court reasoned that obtaining consent under the TCPA is creditor-specific and…

Financial Services Litigation Report

Debt Collector Not Liable Under the TCPA for Post-Revocation Calls Made On Behalf of a Different Creditor

By Henry Pietrkowski, Abraham Colman & Raymond Kim

August 28, 2017

Financial Services Litigation Report

Businesses Receive Relief in TCPA Revocation Claims

By Henry Pietrkowski & Abraham Colman

June 23, 2017

In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or prerecorded cell phone calls if they previously consented to receive those calls as part of a binding contract. See Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104-cv, slip op. (2d Cir. June 22, 2017). In Reyes, the plaintiff entered into a…

Financial Services Litigation Report

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

By Judith L. Harris, Henry Pietrkowski & Ashley Shively

April 3, 2017

On Friday, in a decision certain to please the business community as well as the Chair and new majority of the Federal Communications Committee, the D.C. Circuit struck down parts of the FCC’s October 30, 2014 Order, 29 F.C.C. Rcd. 13998 (FCC 14-164), requiring that solicited faxes (those sent with consent of the recipient) must contain opt-out notices in order to avoid violating the TCPA. See Bais Yaakov of Spring Valley, et al v. FCC …

Financial Services Litigation Report

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

By Judith L. Harris, Henry Pietrkowski & Ashley Shively

April 3, 2017

FinTech Update

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

By Judith L. Harris, Henry Pietrkowski & Ashley Shively

April 3, 2017

Technology Law Dispatch

Recent Open Meeting Foreshadows FCC Commissioners’ Views if ACA Decision Is Remanded

By Judith L. Harris & Henry Pietrkowski

March 28, 2017

As the cherry blossoms prepare to bloom in Washington, D.C., our thoughts turn toward wondering when the D.C. Circuit will hand down its ruling in ACA International, et al v. FCC (Case No. 15-1211). This case, you will recall, is the consolidation of a number of appeals challenging the July 10, 2015, Order in which the FCC gave a very expansive reading to a number of provisions in the Telephone Consumer Protection Act (TCPA), long…

Technology Law Dispatch

Clarification on the TCPA’s Exemption for Health Care-Related Calls

By Christine Nielsen Czuprynski & Henry Pietrkowski

September 3, 2015

The Declaratory Ruling and Order issued by the Federal Communications Commission (“FCC”) July 10, 2015, clarified several sections of the Telephone Consumer Protection Act (“TCPA”), including addressing a petition filed by the American Association of Healthcare Administrative Management regarding “free, pro-consumer… healthcare-related messages,” and under what circumstances such messages are exempt from the TCPA’s requirement for prior express consent. The FCC spelled out what types of health care-related calls fall under the exemption, and…

Life Sciences Legal Update

FCC Sheds New Light on TCPA’s Exemption for Healthcare-Related Calls

By Christine Nielsen Czuprynski & Henry Pietrkowski

September 1, 2015

As we have previously reported, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Order”) on July 10, 2015, clarifying several sections of the Telephone Consumer Protection Act (“TCPA”) and its implementing regulations. One important clarification addressed a petition filed by the American Association of Healthcare Administrative Management (“AAHAM”) in October 2014 regarding “free, pro-consumer… healthcare-related messages” and under what circumstances such messages are exempt from the TCPA’s requirement for prior express…

Technology Law Dispatch

Appealing News Regarding the TCPA

By Judith L. Harris & Henry Pietrkowski

July 28, 2015

On Friday, July 24, the United States Judicial Panel on Multidistrict Litigation issued an Order consolidating in the D.C. Circuit Court of Appeals three timely petitions for review of a July 10, 2015 Declaratory Ruling and Order of the Federal Communications Commission (FCC). That Order resolved 21 petitions for declaratory ruling, proposed rulemaking and clarification relating to a number of purported ambiguities in the Telephone Consumer Protection Act (TCPA). Click here to read the Reed…

Henry Pietrkowski

Debt Collector Not Liable Under the TCPA for Post-Revocation Calls Made On Behalf of a Different Creditor

Debt Collector Not Liable Under the TCPA for Post-Revocation Calls Made On Behalf of a Different Creditor

Businesses Receive Relief in TCPA Revocation Claims

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

Recent Open Meeting Foreshadows FCC Commissioners’ Views if ACA Decision Is Remanded

Clarification on the TCPA’s Exemption for Health Care-Related Calls

FCC Sheds New Light on TCPA’s Exemption for Healthcare-Related Calls

Appealing News Regarding the TCPA

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