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TCPA & Teleservices

July 9, 2020
U.S. Supreme Court Agrees to Take On ATDS Definition Case

The U.S. Supreme Court has agreed to hear arguments in Duguid v. Facebook, a case that will hopefully settle at last how an automatic telephone dialing system (ATDS) is defined

July 6, 2020
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 Barr v. American Association of Political

July 6, 2020
FCC Reaffirms Click-to-Text Platforms are Not Automatic Telephone Dialing Systems

The Federal Communications Commission (“FCC”) has issued a Declaratory Ruling reaffirming that click-to-text systems requiring human intervention for each individual text message are not automatic telephone dialing systems (“ATDS”). The

June 22, 2020
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

June 12, 2020
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

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