TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Mar 26, 2016

Business Owner Not Liable for Marketing Company’s TCPA Violations

This week, the Seventh Circuit held that a small business owner was not liable under the Telephone Consumer Protection Act (TCPA) for multi-state fax advertisements sent by a marketing company, when he had not authorized any ads to be sent outside a 20 mile area. The owner of Affordable Digital Hearing, Jerry Clark, had hired a third-party marketing company, Business [...]

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Mar 03, 2016

Contact Centers, Are you TCPA Compliant?

WEBINAR: 2016 GUIDE TO TCPA COMPLIANCE March 17th at 1:00 PM EST With recent changes to the TCPA, maintaining compliance in your contact center is more challenging than ever. Don’t risk huge fines! Join MPS Partner Michele Shuster, along with Connect First and an experienced industry panel, for an informative discussion on ensuring compliance in your contact centers. This webinar [...]

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Mar 03, 2016

Calls to Certain VoIP Telephone Numbers May Violate the TCPA

This month, in Rivero v. America’s Recovery Solutions, the Eastern District of New York adopted a magistrate judge’s Report and Recommendation that may impact companies making outbound calls using a prerecorded message or an automatic telephone dialing system (ATDS).  Following the rationale of a Fourth Circuit case, Lynn v. Monarch Recovery Management, the Rivero Court held that calls made to [...]

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Feb 18, 2016

PACE Appeal of FCC’s TCPA Interpretation Fully Briefed by Parties

The Professional Association for Customer Engagement (“PACE”) has filed its Joint Reply Brief in its appellate challenge to the FCC’s recent order interpreting the TCPA.  In short, PACE argues: the Commission misinterpreted the TCPA’s definition of an “automatic telephone dialing system” in a way that threatens TCPA liability to even routine phone calls or text messages from smartphones and ordinary [...]

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Feb 17, 2016

Sixth Circuit Reaffirms Context Matters with Prior Express Consent

Last week, in Baisden v. Credit Adjustments, Inc., the Sixth Circuit Court of Appeals reaffirmed that consumers provide prior express consent—required by the TCPA for non-marketing calls made to cell phones using an automatic telephone dialing system (ATDS) or prerecorded messages—by giving their cell phone numbers to a business (directly or through an intermediary). The FCC has on prior occasions [...]

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Feb 08, 2016

Ninth Circuit Affirms Dismissal of TCPA Suit due to “Prior Express Consent”

Last week, the Ninth Circuit affirmed the dismissal of a class action lawsuit against an airline’s technology vendor for alleged Telephone Consumer Protection Act (TCPA) violations. The named plaintiff, Shaya Baird, provided her cellphone number to Hawaiian Airlines while making a flight reservation.  Three weeks after booking her flight, a vendor of Hawaiian Airlines, Sabre, Inc., sent an unsolicited text [...]

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Jan 27, 2016

U.S. Supreme Court Rules that Rejected Settlement Offers Won’t Moot a Case

In a recent decision, Campbell-Ewald Co. v. Gomez, the U.S. Supreme Court ruled that a company’s unaccepted offer of complete relief—made to a class action plaintiff under Rule 68 of the Federal Rules of Civil Procedure—does not moot the class action lawsuit. In Campbell-Ewald, the U.S. Navy hired the Campbell-Ewald Company (Campbell) to orchestrate a media campaign in which the [...]

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Jan 18, 2016

Summary of the FTC’s 2014-15 Biennial Report on the National Do Not Call Registry

The Federal Trade Commission (FTC) is required by the Do-Not-Call Registry Fee Extension Act of 2007 to prepare a biennial report on the National Do Not Call Registry.  In compliance with this Act, the FTC has recently released its report for fiscal years 2014 and 2015.  In the report, the FTC summarizes the current operations of the Registry, the impact [...]

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Dec 22, 2015

Courts Disagree over Human Intervention Aspect of FCC’s ATDS Definition

Earlier this year, the FCC released a Declaratory Ruling (FCC Ruling or Ruling) broadening the TCPA’s definition of automatic telephone dialing system (ATDS) to cover equipment with the “potential ability” to autodial telephone numbers.  The Ruling also contains inconsistent statements regarding whether, and to what extent, the necessity of human intervention is relevant when determining if a system is an [...]

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Nov 05, 2015

Ninth Circuit: Provision of Phone Number gives Prior Express Consent for Calls or Texts under the TCPA

The Ninth Circuit Court of Appeals joined the Eleventh and Sixth Circuits to hold that a person provides prior express consent for non-marketing calls and texts by providing their cell phone number to the caller.  The opinion mirrors rulings issued by the FCC and other federal courts; however, it is noteworthy because it provides controlling precedent for a broad interpretation of consent in a circuit where [...]

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