Topic
Autodialing
155 published works
Past Due
Third Circuit Applies ACA on ATDS Issue Requiring Present Capacity
In Dominguez v. Yahoo!, Inc., the Third Circuit issued a precedential decision, requiring calling platforms have present—not potential—capacity to store or produce and call telephone numbers using a random or sequential…
All About Advertising Law
FCC Seeks Comments on TCPA After D.C. Circuit Ruling
The FCC is going back to the drawing board—and it wants some help. Earlier this week, the Commission announced that it is seeking comments "on several issues related to interpretation…
CommLaw Monitor
FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision
By Kelley Drye
On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light…
Consumer Finance Monitor
In Wake of D.C. Circuit’s ACA Decision, Industry Trade Groups Petition FCC for Narrow Interpretation of “Automated Telephone Dialing System” under TCPA
Yesterday, a coalition of numerous trade organizations, including, among others, the U.S. Chamber of Commerce, the American Bankers Association, the Consumer Bankers Association, and the Mortgage Bankers Association, filed a…
Class Action Lawsuit Defense
D.C. Circuit vacates FCC’s definition of ATDS but upholds consent-revocation rule in ACA International v. Federal Communications Commission
By Sam Camardo
In 2015, the FCC issued an order that addressed certain aspects of the Telephone Consumer Protection Act. Congress enacted the TCPA in 1991 to address perceived abuses of telephone equipment…
Past Due
That’s No Autodialer: D.C. Circuit Unwinds 2015 FCC TCPA Ruling
By Jason Tompkins, Jonathan Hoffmann
For our overview of the full D.C. Circuit opinion in ACA International v. FCC, click here. This article addresses the Court’s reversal of over a decade of confusion regarding autodialers.…
Workplace Privacy, Data Management & Security Report
D.C. Circuit Court Finally Rules on FCC’s 2015 TCPA Order
By Jason C. Gavejian, Maya Atrakchi
After two and a half years, the U.S. Court of Appeals for the District of Columbia issued a highly anticipated ruling reviewing the Federal Communications Commission’s (“FCC” or “Commission”) July…
Financial Services Perspectives
D.C. Circuit Court of Appeals’ TCPA Ruling Is a Mixed Bag
By Grant A. Premo, Edward S. Sledge IV
On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of…
Past Due
D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview
By Jason Tompkins, Jonathan Hoffmann
In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC…
Data Privacy + Cybersecurity Insider
TOPS Software Company Hit with TCPA Class Action
Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges…