Renato Perez

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The FTC seeks to combat deceptive practices in the United States generally, but often it pays particularly close attention to the elderly, which it views as a vulnerable demographic. Last year for example, the FTC testified before the Senate Judiciary Committee on Aging that it’s taking action specifically against those fraudulent schemes that affect the elderly. It makes intuitive sense that the people asking their grandchildren how to turn on the computer would be more…
After keeping us waiting for nearly a year and a half after oral argument in October 2016, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit last week weighed in on the Federal Communications Commission’s (FCC) 2015 Omnibus Telephone Consumer Protection Act (TCPA) Order, which we previously summarized. The court was asked to opine on four aspects of the 2015 Order, including its expanded definition of “automatic telephone dialing system”…
We recently blogged about the possibility of courts limiting serial litigants’ standing under the Telephone Consumer Protection Act (TCPA) based on them not falling within the statute’s “zone of interest” and, thus, not having standing under Article III of the U.S. Constitution. Nate Silver’s job clearly isn’t threatened by our predictive blog posts, because in Romero v. Department Stores National Bank, — Fed. Appx. –, No. 16-56265, 2018 WL 1079728 (9th Cir. Feb. 28,…
We all have received an errant text message on our phone or a marketing message intended for someone else. This is surely annoying but most of us will either ignore the message, send a reply message opting out, or, as an extreme measure, leave a scathing review online, complete with ALL CAPS. What some individuals do, however, is intentionally solicit additional texts by replying or following through on some of the action requested. By using…
Some people really do not like being told to get a flu shot and, in Latner v. Mount Sinai Health System, Inc., 2018 WL 265085 (2d Cir. amended decision Jan. 9, 2018), a man sued his hospital over it. Well, not exactly. Plaintiff Daniel Latner claimed that a text message sent by a third party telemarketer for Mt. Sinai Health System reminding him to get a flu shot violated his rights under the Telephone Consumer…
As previously discussed on this blog, the Telephone Consumer Protection Act (TCPA) prohibits “telephone solicitations” to numbers listed on the National Do-Not-Call list (NDNC). There is a rarely litigated exception to the TCPA’s do-not-call provisions, however, for calls placed by or on behalf of tax-exempt, nonprofit organizations. On October 11, 2017, in Spiegel v. Reynolds, No. 1:15-cv-08504 (N.D. Ill.), a putative nationwide class action, the U.S. District Court for the Northern District of Illinois…
It has been almost a decade since a water-drinking contest held by an Entercom’s Sacramento radio station resulted in the death of a contestant, but the Federal Communications Commission (FCC) has a long memory.  Last week, the FCC issued a Hearing Designation Order (it can be found here) to determine whether the license held by Entercom – one of the largest station owners in the country – should not be renewed based on new…
On October 19, 2016, Judges Srinivasan, Pillard, and Edwards of the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in ACA International, et al. v. FCC, No. 15-1211, a consolidated appeal filed by various telemarketing industry members challenging a number of aspects of the FCC’s July 2015 Telephone Consumer Protection Act (TCPA) Declaratory Ruling and Order. We previously summarized that Order here. Over the course of the two and a half…