The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
Continue Reading Good News for TCPA Defendants

On November 26, 2019, the French Data Protection Authority announced that it had levied a fine of €500,000 on Futura Internationale for various infringements of the EU General Data Protection Regulation.
Continue Reading CNIL Fines French Construction Company for Infringements When Placing Marketing Voice-to-Voice Calls

The UK Information Commissioner’s Office has issued a Monetary Penalty Notice to pensions release provider Grove Pensions Solutions Ltd, fining it £40,000 after the company used contact details collected by a third party for its direct marketing campaign.
Continue Reading UK ICO Fines Pensions Release Provider for Unsolicited Marketing Emails

On June 5, 2017, an Illinois federal court ordered satellite television provider Dish Network to pay a record 280 million dollars in civil penalties for violations of the FTC’s Telemarketing Sales Rule, the Telephone Consumer Protection Act and state law.
Continue Reading Federal Court Imposes Record Fine on TV Provider for Do Not Call Violations

On November 1, 2016, the FTC announced that a group of entities known as the Consumer Education Group settled FTC charges that, between late 2013 and 2015, it made millions of telemarketing calls, including pre-recorded robocalls, to consumers on the national Do Not Call Registry, in violation of the Telemarketing Sales Rule.
Continue Reading FTC Announces Settlement Over Illegal Telemarketing Calls