Sarah Zielinski

Latest Articles

Nearly two and a half years following the appeal of the Federal Communications Commission’s (FCC) July 2015 Order, the U.S. Court of Appeals for the District of Columbia issued a ruling on March 16, 2018.  On appeal, over a dozen entities sought review of the 2015 Order, in which the FCC interpreted various aspects of the Telephone Consumer Protection Act (TCPA).  The appeal addressed four issues: (1) which devices constitute an automatic telephone dialing system…
Earlier this year, the Northern District of Illinois declined to certify a Telephone Consumer Protection Act (TCPA) class action even though the key issue in the case – whether class members had provided prior express written consent to receive prerecorded telemarketing calls – appeared to be a common question. In Legg v. PTZ Insurance Agency, Ltd., it seemed apparent “that none of the proposed class members” provided prior express written consent in the form required…
On March 31, the U.S. Court of Appeals for the D.C. Circuit struck down a Federal Communications Commission (FCC) rule requiring that solicited fax advertisements contain a notice on how to opt out of future faxes. Following the ruling, such opt-out notices will be required only in unsolicited fax advertisements. The decision in Bais Yaakov of Spring Valley, et al. v. Federal Communications Commission, et al. will significantly impact litigation — particularly class action litigation…