Court: “This case is typical of the TCPA class action cases… members received notice of the settlement more than five years after receiving the unsolicited fax, making the likelihood of filing a claim very low. In this appeal, which consists of a 12-volume record and 120 pages worth of briefs… the only ones who stand to reap any significant benefit from a favorable outcome are the attorneys for the class.”
Republicans and Democrats on Capitol Hill held a passionate debate about “robocalls” on Wednesday, during a hearing about the effectiveness of the Telephone Consumer Protection Act (TCPA). We predicted that it would be “fascinating,” and it certainly turned out that way. At the Senate Commerce Committee’s “The Telephone Consumer Protection Act at 25: Effects on […]
SAN FRANCISCO, Calif. – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced it has partnered with the CBA to host a panel of legal and operations experts as they discuss the unique impacts and approaches to vicarious liability for retail banking consumer contact centers. The webinar takes place this Friday, May […]
Last Friday five diverse political organizations joined forces to file a lawsuit seeking to declare the TCPA unconstitutional, and request both preliminary and permanent injunctions enjoining enforcement of the law.
The U.S. District Court for the Western District of New York recently held that claims under the federal TCPA are penal in nature and therefore do not survive the death of a plaintiff.
In a press release issued yesterday, U.S. Senator John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, announced that he will convene a full committee hearing titled “The Telephone Consumer Protection Act at 25: Effects on Consumers and Business” on Wednesday, May 18, 2016, at 10:00 a.m. The hearing will examine […]
Washington, DC — Friday evening, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) to implement a provision in the Bipartisan Budget Act of 2015, signed into law by President Obama in November, amending the Telephone Consumer Protection Act (TCPA). While the legislation applies to calls “solely to collect a debt owed to or guaranteed by the United […]
On Friday, May 6, 2016 the FCC released its Notice of Proposed Rulemaking on the use of an Automated Telephone Dialing System when contacting consumers via cell phone about debts owed to or guaranteed by the government – such as student loans, mortgages and taxes. In our opinion, the proposed rules miss the mark on many fronts.
The U.S. District Court for the Eastern District of North Carolina recently rejected a defendant’s arguments that its contract with the plaintiff did not allow revocation of prior express consent under the TCPA, and that the defendant’s telephone communication system was not an “automatic telephone dialing system.”
This article is republished with permission from Michael Storz, and Drinker Biddle & Reath LLP. It originally appeared on www.tcpablog.com. With the TCPA dockets remaining active going into 2016, we decided to put together a list of notable petitions pending at the FCC. The following list provides details on most petitions that the FCC has yet to […]