Header graphic for print
Focus on Regulation

Tag Archives: TCPA

TCPA for the Boardroom – An Executive Focus

How do you protect your business from costly Telephone Consumer Protection Act (TCPA) lawsuits and regulatory enforcement actions? In this webinar, we will focus on the key decisions facing company executives as they navigate TCPA risks and assess compliance strategies. Businesses must stay in touch with their customers and their partners in order to succeed. But

FCC Imposes $1.84 Million TCPA Penalty for Fax Advertisements

The Federal Communications Commission (“FCC”) recently imposed a $1.84 million penalty for sending unsolicited fax advertisements.  According to the agency’s forfeiture order, Scott Malcolm, DSM Supply, LLC and Somaticare, LLC (the “DSM Parties”) sent 115 unsolicited fax advertisements to 26 consumers, primarily health care practitioners, in violation of the FCC’s Telephone Consumer Protection Act (“TCPA”)

Supreme Court Decision in Gomez Shifts Attention Back to FCC TCPA Petitions

In January, the United States Supreme Court issued a long-awaited ruling in Campbell-Ewald Co. v. Gomez, 577 U.S. __ (2016), a significant case for companies defending against consumer and other class actions, including those based on the Telephone Consumer Protection Act (TCPA) – as well as for contractors working on behalf of the federal government.

FCC Considers TCPA Exemption for Calls Made by or on behalf of Federal, State, and Local Governments

On September 29, 2015, the Federal Communications Commission (FCC) released a Public Notice seeking comments on the Broadnet Teleservices, LLC (Broadnet) petition asking the FCC to declare that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on behalf of federal, state, and local governments, when such calls are made

FTC Closes PayPal Investigation Over Telemarketing Rule and User Agreement

The Federal Trade Commission (FTC) has released a copy of a letter that it sent to PayPal stating that the agency was closing an investigation into potential Telemarketing Sales Rule (TSR) violations by the company.  This release provides important insights on how companies can design their user agreements to avoid TSR violations. As background, PayPal

The FCC Issues Citations Against Lyft and First National Bank for Failing to Obtain “Prior Express Written Consent” in Terms of Service Statements

On September 11, 2015, the Federal Communications Commission (FCC) Enforcement Bureau issued citations to F.N.B. Corporation (First National Bank or FNB) and Lyft, Inc. (Lyft), a ride-sharing service, for Telephone Consumer Protect Act (TCPA) violations pertaining to the marketing rules. As background, the TCPA requires companies to obtain “prior express written consent” for all prerecorded

The FCC’s New TCPA Decision: Key Issues and What Companies Should Be Doing Now That It Has Been Appealed

As many of our readers know, on July 10, the Federal Communications Commission (FCC) released a highly anticipated decision regarding the Telephone Consumer Protection Act (TCPA) and related FCC rules involving autodialed and prerecorded telephone calls and text messages.  Although the order became effective upon release, in less than a week, three parties (ACA International,

Government Contractor Asks U.S. Supreme Court for TCPA Relief Through Derivative Sovereign Immunity

Highlighting the intersection between government contracts, communications privacy, and class action litigation, the United States Supreme Court recently received a petition for a writ of certiorari asking it to rule on whether derivative sovereign immunity should be extended to a government contractor’s violation of the Telephone Consumer Protection Act (TCPA).  The Petitioner, Campbell-Ewald Co., was

FCC Issues Two Important TCPA Decisions

The Federal Communications Commission (FCC) has adopted two Telephone Consumer Protection Act (TCPA) decisions that significantly impact compliance obligations for a wide range of organizations that make or facilitate voice calls or text messages to consumers.  In the first order, the Cargo Airline Association (CAA), represented by Hogan Lovells, obtained a first-of-its-kind exemption from the

Recent TCPA Updates and Compliance Developments

Mitch Zamoff, Adam Levin, Mark Brennan, and Tim Tobin have published an overview of recent Telephone Consumer Protection Act (TCPA) litigation, regulatory compliance developments, and tips for minimizing enterprise risk.  Please find the full update here.

TCPA Alert

Congress passed the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, with the intention of protecting consumers from unwanted calls, text messages, and faxes. There has been a significant increase in the number of TCPA claims and enforcement actions filed in recent years, and yet there remain many unsettled legal questions. Read More: TCPA

TCPA Issues to Watch in 2014 / Upcoming Webinar Announced

In an ever-changing technological landscape, organizations are increasingly at risk under the Telephone Consumer Protection Act of 1991 (TCPA). The TCPA imposes restrictions on telemarketing and the use of automated telephone equipment, affecting any organization that engages with consumers through text messages, prerecorded calls, faxes, and other advanced technologies. Regulators and plaintiffs’ class-action attorneys are targeting alleged

Significant Changes in Telemarketing Rules Go Into Effect on October 16, 2013

Businesses that use automated technologies to place telemarketing calls and messages have just over a month to assess and revise their current calling practices to avoid the risk of expensive, time-consuming lawsuits under new Telephone Consumer Protection Act (TCPA) rules enacted by the Federal Communications Commission (FCC).

Federal Court Certifies 60,000-Member Class in “Wireless Spam” TCPA Litigation against Insurance Company, for Actions of Its Marketing Vendors

In a decision with important implications for companies that hire outside marketing firms, a federal judge has certified a class of nearly 60,000 individuals who allegedly received an unsolicited text message from a marketing company hired by Stonebridge Life Insurance Company. The plaintiff in Lee v. Stonebridge Life Insurance Company and Trifecta Marketing Company, LLC, 3:11-cv-00043 (N.D. Cal.) alleges

New technologies, new risks: An update on recent TCPA developments that could require companies to reassess their outbound communications policies

Michele Farquhar, a partner in the Communications Practice in Washington, D.C., and Mark Brennan, an associate in the same group, recently coauthored an article on the litigation risks companies face under the Telephone Consumer Protection Act for InsideCounsel.com. They discuss the regulatory pitfalls companies should be aware of if they contact their customers. Click here to