TCPA & Teleservices

June 4, 2020
What is an Advertisement? How Much Deference Should Courts Give FCC Orders?

One of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the TCPA applies at all. For

May 7, 2020
Eleventh Circuit Finds Contractual TCPA Consent Can’t Be Revoked

The Eleventh Circuit has joined the Second Circuit in finding that the Telephone Consumer Protection Act (“TCPA”) does not authorize unilateral revocation of consent to receive automated calls when such

May 6, 2020
New FCC Provisions Increase Liability Risk for TCPA Violations

In an Order issued Friday, the Federal Communications Commission implemented enhanced liability provisions for Telephone Consumer Protection Act (“TCPA”) violations Congress passed as part of the TRACED Act. Specifically, under

April 10, 2020
Second Circuit Causes Additional Confusion About ATDS Definition

After recent opinions from the Seventh Circuit (Gadelhak) and Eleventh Circuit (Glasser), a narrow interpretation of automatic telephone dialing system (ATDS) seemed to be gaining traction. Both held that a

April 6, 2020
Regulatory Alert: Changes to State Telemarketing Laws

The state legislatures began their 2020 sessions with a flurry of activity. The following is a recap of the teleservices bills that have been enacted from January 1 – March

April 3, 2020
Federal Appeals Court Holds Up Dish Network Robocall Violations

A three-judge panel in the Seventh Circuit largely affirmed an Illinois federal court’s judgment finding Dish Network liable for forcing retailers to make 66 million unlawful telemarking calls to consumers.

March 24, 2020
FCC Clarifies “Emergency Purpose” TCPA Exception Includes COVID-19 Messages

In a Declaratory Ruling Friday, the Federal Communications Commission (“FCC”) confirmed that COVID-19 related calls and text messages from public health officials serve an “emergency purpose” and as such are

March 18, 2020
What Businesses Need to Know About STIR/SHAKEN

With ongoing implementation of the STIR/SHAKEN authentication framework, your business’s calls to consumers are at greater risk of being blocked. Here’s what you need to know and the steps you

March 9, 2020
Governor Cuomo Declares State of Emergency in NY

On Saturday, Governor Cuomo declared a state of emergency for the entirety of the State of New York in response to the ongoing threat from coronavirus. The state of emergency

March 5, 2020
OH AG Yost Announces Robocall Enforcement Unit and Advises “Just Don’t Answer”

Ohio AG Yost held a press conference to announce a new enforcement unit dedicated to combating the 2.2 billion robocalls battering Ohioans’ phones. The Robocall Enforcement Unit will take a