Topic
Autodialing
155 published works
Data Counsel
Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction
Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a…
All About Advertising Law
Court Holds That Human Intervention Covers Strip Club From Liability in TCPA Autodialer Class Action
By Samuel D. Boro, Venable LLP
On August 19, 2015, in Luna v. SHAC, LLC, No. 5:14-cv-00607 (N.D. Cal.), the Northern District of California issued one of the first decisions interpreting the Telephone Consumer Protection Act’s…
Consumer Class Defense Blog
TCPA Defendant Wins With “Human Intervention” Defense in California
A recent decision out of the Northern District of California creates new hope for TCPA defendants. In Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug.…
CommLawBlog
FCC Clarifies (?) TCPA Autodialing Requirements
By FHH Law
Take-home message: Do as we say, NOT as we do! Pursuant to “clarifications” provided in a recent FCC Declaratory Ruling on the Telephone Consumer Protection Act (TCPA), the FCC and…
Media & Privacy Risk Report
Autodialer Alert! (FCC TCPA Order Report Part 2 of 11)
By Blaine C. Kimrey, Lisa M. Simonetti
What is an “autodialer?” If my brain tells my hand to dial a number and my hand responds “automatically” by doing so, is that an autodialer? For a plaintiff’s lawyer…
CommLaw Monitor
A First Look at the FCC’s 2015 TCPA Declaratory Ruling and Order
By Kelley Drye
On July 10, 2015, the Federal Communications Commission (“FCC” or the “Commission”) released the text of its omnibus Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Ruling”), which…
Consumer Protection Connection
Businesses Beware: FCC Adopts Significant TCPA Declaratory Ruling and Order
By Sheila Millar, Tracy Marshall
At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”),…
All About Advertising Law
FCC Open Meeting May Open TCPA Class Action Litigation Floodgates . . . Further
By Mark Goodrich, Leonard L. Gordon, Venable LLP
For over a year, telemarketers have anxiously awaited clarity on a number of issues relating to the Telephone Consumer Protection Act (“TCPA”), including the treatment of reassigned numbers and the…
Financial Services Perspectives
Senators Urge FCC “Not to Weaken” the Telephone Consumer Protection Act
A group of ten democratic senators led by Senator Edward Markey joined in a letter to the FCC urging it “not to weaken the privacy protections” contained in the Telephone…
All About Advertising Law
Court Rules That Dialing Equipment Must Have “Present Capacity” to Autodial to Come Within the Telephone Consumer Protection Act
By Venable LLP
On February 4, 2015, in Glauser v. GroupMe, Inc., No. 4:11-cv-02584, the U.S. District Court for the Northern District of California struck a blow to class action plaintiffs asserting claims…