Tag Archives: TCPA

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

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

By Alan L. Friel and Melinda L. McLellan on March 19, 2018 Posted in Advertising, Marketing

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015 Order). We have previously explained the challenges created by the July 2015 Order here and here. On the whole, the unanimous 3-0 Decision offers some good … Continue Reading

Revocation of Consent Under the TCPA

By Moustafa Badreldin on July 20, 2017 Posted in Mobile Privacy, Privacy Litigation

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from making “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without … Continue Reading

FCC Closes Year With Enforcement Advisory on Text Messages

By Alan L. Friel on December 30, 2016 Posted in Mobile Privacy

Almost a year and a half after the Federal Communications Commission (FCC or Commission) issued a rule update to its rules and regulations implementing the Telephone Consumer Protection Act (TCPA) (2015 FCC TCPA Omnibus Ruling and Order),[1] which we discussed then here, the Commission, in a formal Enforcement Advisor (Advisory), has warned companies that use … Continue Reading

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

By Daniel Goldberg on September 16, 2015 Posted in Mobile Privacy

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection Act (“TCPA”) class action on grounds that the plaintiff failed to allege that the defendant used an Automatic Telephone Dialing System … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

By Tanya Forsheit, Alan L. Friel and Melinda L. McLellan on July 22, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

By Tanya Forsheit and Melinda L. McLellan on July 15, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

By Casie Collignon and Justin Winquist on September 15, 2014 Posted in Privacy Class Actions

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014 of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

By Judy Selby on October 21, 2013 Posted in Privacy Class Actions

Co-authored by: Zack Rosenberg Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that they received unwanted calls, texts or … Continue Reading

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

By Judy Selby on October 16, 2013 Posted in Privacy Class Actions

Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance policies. Nationwide Mutual Insurance Company v. Harris Medical … Continue Reading

Are You Ready for the New Telephone and Text Marketing Rules?

By Gerald J. Ferguson on October 2, 2013 Posted in Marketing, Mobile Privacy

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA) (47 U.S.C. 227), telephone and text marketers could telephone and text market to consumers’ residential phones using autodialing equipment that is standard in call center operations, … Continue Reading

Privacy Class Actions: Year-in-Review

By Erica Gann Kitaev on January 4, 2013 Posted in Privacy Class Actions, Privacy Litigation

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right. Article III Standing in Data Breach Class Actions A key issue in data breach class actions is the question of what types … Continue Reading

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

By Craig A. Hoffman on December 17, 2012 Posted in Privacy Class Actions

Authorship Credit: Justin T. Winquist Editor’s Note: This post is a joint submission to BakerHostetler’s Class Action Lawsuit Defense blog. Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast” statute, … Continue Reading