The key issue is how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system.” The Eleventh Circuit panel’s decision in Glasser rejects that trend, joins the D.C. Circuit in adopting a much narrower view of the TCPA’s scope, and establishes a clear circuit split with the Ninth Circuit.
Today, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order clarifying a number of unsettled issues under the Telephone Consumer Protection Act (TCPA). The decision, which has not yet been released, is in response to more than twenty petitions seeking clarification. The vote was 3-2 along party lines and is expected to have
Earlier this month in Leyse v. Bank of America, another federal district court judge ruled in favor of the defendant on a key Telephone Consumer Protection Act (“TCPA”) issue – confirming that “called party” means the intended recipient of the call. As background, the TCPA (47 U.S.C. § 227) requires callers to obtain “prior express consent”
A new federal district court decision supports industry arguments that innovative communications technologies should not be considered “automatic telephone dialing systems” (autodialers) under the Telephone Consumer Protection Act (“TCPA”). It also provides some helpful language on TCPA liability issues for companies that initiate non-telemarketing, informational calls and messages. The TCPA prohibits parties from, inter