It’s been one week since the D.C. Circuit Court issued its landmark decision on the Telephone Consumer Protection Act (TCPA), and many contact centers are still unclear about what this means for their customer engagement initiatives. Join M&S partners Michele Shuster and Nick Whisler as they join Noble Systems for an informative webinar, “Understand the [...]
M&S Partner Michele Shuster will join a panel of regulatory and industry speakers on Friday, March 23, 2018 during a joint policy forum offered by the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) to discuss the challenges posed by illegal robocalls and caller ID spoofing at the FCC’s headquarters in Washington, D.C. Michele [...]
On Friday, the D.C. Circuit Court issued its long-awaited Opinion on the Professional Association for Customer Engagement’s (PACE) FCC TCPA Appeal. What does this landmark ruling mean for the customer engagement industry and your business’s marketing efforts? Join M&S Partner and PACE General Counsel Michele Shuster, along with PACE, on Monday, March 19th for an informative [...]
The long anticipated DC Circuit Court of Appeals Opinion regarding the Federal Communications Commission’s (FCC) July 15, 2015 Omnibus Declaratory Ruling has been released. The court specifically held that the FCC exceeded the scope of its authority in broadly defining what constitutes an Automatic Telephone Dialing System. The court also concluded that the FCC’s one [...]
As currently interpreted, the Telephone Consumer Protection Act (TCPA) imposes strict liability — subject to an illusory one call “safe harbor” — for autodialed calls and texts sent to reassigned phone numbers. This interpretation, coupled with the lack of an authoritative reassigned number database, makes it impossible for businesses to send autodialed communications without opening [...]
As we have previously reported, individualized questions of consent in TCPA litigation regularly prevent class certification. One recent decision went a step further and found that substantial questions of consent can constitute grounds to decertify a class. In Johnson v. Yahoo! Inc., the plaintiff claimed that Yahoo! violated the TCPA when its instant message platform [...]
Unwanted calls are the top consumer complaint at the Federal Communications Commission (FCC) and one of the preeminent concerns of consumers. The FCC receives over 200,000 complaints regarding illegal calling annually and some analysts estimate that U.S. consumers received over 2.4 billion robocalls per month in 2016 alone. The increasing availability and intuitiveness of phone [...]
The phrase “location, location, location” is often used to describe the number one rule in real estate. Perhaps the same can be said for TCPA consent disclosures. For the second time in recent months, the Northern District of Illinois denied summary judgment in a TCPA lawsuit stemming from online lead forms. The case, Barrera v. Guaranteed Rate, Inc.,
In a recent and expansive opinion, the Western District of Wisconsin held that calls made to numbers associated with voice over internet protocol (“VoIP”) applications are subject to the Telephone Consumer Protection Act (TCPA), if the called party incurs a charge for the call. That charge may appear in the form of a deduction of [...]
On Friday, October 6th, the Federal Communications Commission (FCC) released a public notice seeking comment on a Petition for a Declaratory Ruling that would modify the current exemptions to the Telephone Consumer Protection Act (TCPA). The petition, filed by the Credit Union National Association (CUNA), requests that the FCC adopt an established business relationship exemption [...]
