On May 16, Commissioner Michael O’Rielly of the Federal Communications Commission issued incendiary remarks aimed at mobilizing all industries impacted by the “perpetual legal limbo” that is the current state of Telephone Consumer Protection Act interpretation and litigation.
Speaking at the ACA International Conference, O’Rielly called for businesses to increase pressure on the agency to
On May 13, Federal Communications Commission Chairman Ajit Pai announced that the FCC will host a summit on July 11 “to examine industry’s progress” toward meeting the FCC’s deadline to implement “more reliable caller ID information to combat malicious spoofed robocalls.”
The summit is part of the SHAKEN/STIR initiative which is an “industry-led” program through
On April 19, the Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019. Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA). The FCC’s silence on this topic means yet another month will pass
On April 3, the Northern District of West Virginia issued an order denying Monitronics International, Inc.’s motion for summary judgment on multiple Telephone Consumer Protection Act grounds. In re Monitronics Int’l, Inc., No. 1:13-md-02493-JPB (N.D. W.Va. April 3, 2019). Monitronics sought summary judgment, claiming there was no evidence that it was the seller under
On April 3, Commissioner Jessica Rosenworcel told a House subcommittee that a robocall enforcement unit should be added to the Federal Communications Commission. Highlighting that consumers receive more than 5 billion robocalls a month (up from 2 million calls a month at the beginning of the Trump administration), Rosenworcel stated that “it’s time for the
On March 4, the Supreme Court granted the U.S. Solicitor General’s request to take part in oral arguments in the highly anticipated Telephone Consumer Protection Act case PDR Network LLC, et al. v. Carlton & Harris Chiropractic. The Solicitor General has requested to argue “that final orders of the Federal
On February 13, a national class action lawsuit was filed against prepaid mobile phone operator Tracfone Wireless Inc., alleging that the company violated the Telephone Consumer Protection Act by sending a text message advertisement via an automatic telephone dialing system, or “ATDS.”
Plaintiff Brian Gallant alleges that Tracfone sent him a
On January 15, amicus briefs were filed in the much awaited Telephone Consumer Protection Act (“TCPA”) case currently before the Supreme Court, PDR Network LLC, et al. v. Carlton & Harris Chiropractic. Following filing of PDR Network’s opening brief, which we discussed here, four amici filed briefs: State and Local Government Associations;
On January 8, petitioner PDR Network LLC filed its opening brief in the Telephone Consumer Protection Act case before the Supreme Court that could potentially knock out TCPA litigation as we know it. As we explained here, the Supreme Court’s decision to grant certiorari in PDR Network LLC, et al. v. Carlton & Harris
On November 20, the Middle District of Florida largely allowed a putative Telephone Consumer Protection Act class action against the Tampa Bay Rays to continue, granting in part and denying in part the baseball team’s motion to dismiss plaintiff Chad Fernandez’s complaint.
Fernandez’s TCPA class claims are premised on text messages allegedly sent to