Archives: Telephone Consumer Protection Act

Subscribe to Telephone Consumer Protection Act RSS Feed

Highly Anticipated SCOTUS Ruling Upends TCPA Landscape

By Melinda L. McLellan and BakerHostetler on April 13, 2021 Posted in Telephone Consumer Protection Act

In a landmark decision issued April 1, 2021, the Supreme Court settled a hotly-contested debate over the definition of “automatic telephone dialing system” (or “autodialer”) under the 1991 Telephone Consumer Privacy Act (“TCPA”). The Court’s decision is likely to upend the TCPA compliance and litigation landscape, as the law’s private right of action coupled with … Continue Reading

Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing Subsequent Calls From Violating the TCPA

By Rand L. McClellan on July 23, 2020 Posted in Telephone Consumer Protection Act

A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio). A copy of the opinion is attached; the defendants in this matter are represented by … Continue Reading

The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance

By Rand L. McClellan on September 27, 2018 Posted in Telephone Consumer Protection Act

What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as “equipment that has the capacity” to “store or produce telephone numbers to be called, using a random or sequential number generator,” and “to dial … Continue Reading