TCPA & Teleservices

BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA
BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA

BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA

In 2015, Congress exempted calls made to collect debts owed to or guaranteed by the United States from the TCPA’s autodialer restrictions. Today, in 

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1200 798 Nick Whisler
FCC Reaffirms Click-to-Text Platforms are Not Automatic Telephone Dialing Systems
FCC Reaffirms Click-to-Text Platforms are Not Automatic Telephone Dialing Systems

FCC Reaffirms Click-to-Text Platforms are Not Automatic Telephone Dialing Systems

The Federal Communications Commission (“FCC”) has issued a

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1200 798 Josh Stevens
52 Attorneys General Seek to Ramp Up Enforcement on Illegal Robocalls
52 Attorneys General Seek to Ramp Up Enforcement on Illegal Robocalls

52 Attorneys General Seek to Ramp Up Enforcement on Illegal Robocalls

The state attorneys general (“AGs”) have signaled that they are ramping up their efforts to combat illegal telephone calls. Fifty-two AGs, including American Samoa and Puerto Rico, recently issued a letter (“Letter”) to the

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1200 798 Michele Shuster
Eastern District of California Further Defines Reasonable Revocation of Consent in TCPA Case
Eastern District of California Further Defines Reasonable Revocation of Consent in TCPA Case

Eastern District of California Further Defines Reasonable Revocation of Consent in TCPA Case

In the 2017 case ACA v. FCC, the D.C. Circuit Court confirmed prior Federal Communications Commission (FCC) guidance that Telephone Consumer Protection Act (TCPA) consent to be called can be revoked by “any reasonable means.” Since that ruling, trial courts have provided…

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1200 798 Michele Shuster
What is an Advertisement? How Much Deference Should Courts Give FCC Orders?

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 calls made and texts sent to cell phones using an autodialer, the…

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1200 798 Nick Whisler
Eleventh Circuit Finds Contractual TCPA Consent Can’t Be Revoked

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 consent is given in a bargained-for contractual provision. In a favorable opinion…

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1197 798 Erica Hollar
Second Circuit Causes Additional Confusion About ATDS Definition
Second Circuit Causes Additional Confusion About ATDS Definition

Second Circuit Causes Additional Confusion About ATDS Definition

After recent opinions from the Seventh Circuit (

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1200 798 Nick Whisler
Regulatory Alert: Changes to State Telemarketing Laws
two women in a call center

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 31, 2020:

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1200 798 Mac Murray & Shuster
Federal Appeals Court Holds Up Dish Network Robocall Violations
Federal Appeals Court Holds Up Dish Network Robocall Violations

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. While the Seventh Circuit affirmed liability, it also found that the court…

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1200 798 Mac Murray & Shuster
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