This past April, the Florida legislature passed an amendment to Florida’s version of the Telephone Consumer Protection Act, CS/SB 1120. Two days before the amendment’s effective date of July 1, 2021, Governor Ron DeSantis signed the amendment into law, giving companies little time to prepare.
The amendment imposes a new requirement on making telephonic
In Watts v. Emergency Twenty Four, Inc. (No. 20-cv-1820 (N.D. Ill. June 21, 2021), the Northern District of Illinois granted a motion to dismiss claims asserted against a security company under the Telephone Consumer Protection Act (TCPA), finding that dialing system at issue did not qualify as an automatic telephone dialing system (ATDS).
Joining the growing ranks of numerous district court opinions analyzing the effect of the Supreme Court’s 2020 severance of the Telephone Consumer Protection Act’s (TCPA) government-debt exception, a district court in Colorado has reasoned that the severance operates retroactively, while also recognizing the severe constitutional problems raised by that conclusion. The result is a holding
A recent case out of the Seventh Circuit Court of Appeals reaffirmed its prior decision in Gadelhak v. AT&T Services that only a system with “the capacity to generate random or sequential numbers” qualifies as an ATDS. In Jackson v. Regions Bank, the court rejected Jackson’s arguments to overrule Gadelhak in affirming the district
As we recently reported, the Federal Communications Commission (FCC) provided new maximum call guidance in a December 2020 order (Order) for callers subject to the Telephone Consumer Protection Act (TCPA). The guidance was issued prior to the implementation of new regulations capping the number of permitted calls under the TCPA. But industry members quickly
A federal judge granted summary judgment on February 12 to DirecTV, LLC (DirecTV), holding it was not liable under the Telephone Consumer Protection Act (TCPA) for unsolicited telemarketing calls placed by a third-party vendor because DirecTV had clearly instructed the vendor not to make any cold calls.
The class action, Cordoba et al. v. DirecTV
In Vandenberg & Sons Furniture, Inc. v. Alliance Funding Grp., Judge Quist of the District Court for the Western District of Michigan granted in part and denied in part the plaintiff’s motion for class certification arising from alleged violations of the Telephone Consumer Protection Act (TCPA). In its ruling, the court highlighted the importance
President Biden’s pattern of selecting strong consumer advocates for executive branch leadership positions continued last Thursday, when he appointed current Federal Communications Commissioner Jessica Rosenworcel to serve as acting chair of the Federal Communications Commission (FCC).
Serving as a Democrat commissioner at the FCC for the past eight years, Rosenworcel is a staunch supporter of
On January 15, in response to a petition from Acurian seeking clarification on the non-commercial purpose exemption, the FCC held that prerecorded calls to residential phone numbers seeking participants for FDA-mandated clinical pharmaceutical trials did not constitute “advertising” or “telemarketing” under the Telephone Consumer Protection Act (“TCPA”) because they “do not identify property, goods, or
On December 18, 2020, the U.S. District Court for the Northern District of Indiana denied a debt collector’s motion for summary judgment, suggesting that an open question of whether a telephone system had the capacity to place automatic calls might support a claim under the Telephone Consumer Practices Act (“TCPA”), even if that functionality had
