Telephone Consumer Protection Act

On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message.
Continue Reading Supreme Court Adopts Narrow Interpretation of ATDS

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 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 September 11, 2015, the Federal Communications Commission (“FCC”) announced that Lyft Inc. (“Lyft”) and First National Bank Corporation (“FNB”) violated the Telephone Consumer Protection Act (“TCPA”) by forcing their users to consent to receive automated text messages as a condition of using their services. The FCC warned that these violations could result in fines if they continue.

Continue Reading FCC Cites Lyft Inc. and First National Bank Corp. for TCPA Violations

On January 21, 2015, the FTC announced that a U.S. District Court recently granted partial summary judgment to the federal government in its action against Dish Network alleging that the company placed calls to the National Do-Not-Call Registry and an entity’s internal Do-Not-Call list in violation of the Telemarketing Sales Rule.
Continue Reading Federal Court Grants Partial Summary Judgment to Government in an Action Against Dish Network Alleging Telemarketing Violations

On September 2, 2014, a federal district court in California granted final approval to a settlement ending a class action against Bank of America and FIA Card Services. The suit stemmed from allegations that the defendants violated the Telephone Consumer Protection Act when they called or texted consumers’ cell phones without the consumers’ prior express consent.
Continue Reading Bank of America Finalizes 32 Million Dollar Settlement in TCPA Class Action