TCPA

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The Telephone Consumer Protection Act (TCPA) has not been updated in over 30 years. The Federal Communications Commission (FCC) has been asked by Congress to take “decisive action in addressing the escalating issue of fraudulent and scam text messages that target American consumers.” The TCPA restricts the hours in which telemarketers can call, prevents businesses…

Federal Communications Commission Chair Jessica Ronsenworcel recently announced a proposed directive to focus the FCC on AI’s burgeoning role in scam calls, particularly those targeting the elderly. The proposal will be presented at the November 15 commission meeting and would direct research into the strengths and weaknesses of generative AI, the role that AI plays…

This week the Federal Communications Commission (FCC) proposed its highest financial penalty against lobbyist and political consultant group, John M. Burkman, Jacob Alexander Wohl, and J.M. Burkman & Associates LLC (the Group), for allegedly making over 1,000 robocalls to voters without obtaining prior express consent as required by the Telephone Consumer Protection Act (TCPA). The…

Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc.  did not have to cover the $60.4 million settlement of  a class action against the insured, iCan Benefit Group LLC (iCan), for sending robotexts in alleged violation of the Telephone Consumer Protection Act.…

At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act (TCPA), a device must have the capacity…

Recently, the Federal Communications Commission (FCC) clarified that a call made using artificial or pre-recorded voice to a residential telephone line for the SOLE purpose of identifying individuals to participate in a clinical trial is exempt from the Telephone Consumer Protection Act (TCPA) “prior express written consent” requirement, provided that:

  • The call does not include

…

Last month, an Oregon federal judge refused ViSalus’ request to decrease the $925 million jury award against it for its alleged violations of the Telephone Consumer Protection Act (TCPA). ViSalus, a health supplement maker, allegedly made approximately 1.8 million unsolicited robocalls. This award came after ViSalus decided not to settle the class action and face…

This week, a Pennsylvania federal judge refused to approve a proposed $4 million settlement for violations of the Telephone Consumer Protection Act (TCPA) because it would provide the 67,000 class members with only $35 each. In the 50-page opinion, U.S. District Judge Michael Baylson said that Flagship Credit Acceptance LLC (Flagship) ought to be able…

Like many of you, I don’t answer my cell phone unless the number pops up as someone I know, because a majority of the calls I get are spam or robocalls. It’s so frustrating.

Although these calls are probably a violation of the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC) – the…

Lead plaintiff, John Herrick, in the Telephone Consumer Protection Act (TCPA) class action lawsuit against GoDaddy.com LLC (GoDaddy.com) opposed an Arizona federal judge’s May 2018 decision to grant summary judgment in favor of GoDaddy.com. The court granted summary judgment on the grounds that the platform used to send the text messages did not qualify as…