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
In Russell v. Law, Judge Van Bokkelen, of the United States District Court for the Northern District of Indiana, granted summary judgment, in part, to Russell Friend (“Plaintiff”)– alleging Taylor Law, PLLC (“Defendant”) contacted Plaintiff continually in attempts to collect debt after Plaintiff’s request that Defendant cease contact, in violation of the Fair Debt
In True Health Chiropractic Inc., et al. v. McKesson Corp., et al., the Northern District of California held that it was divested of jurisdiction by the Hobbs Act, 28 U.S.C. § 2342, and thus could not reconsider the validity of a declaratory ruling rendered by the Consumer and Government Affairs Bureau of the Federal
In Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations that USHealth Advisors, LLC (“USHA”) and USHealth Group, Inc. (“USGA”) (collectively “Defendants”) violated the Telephone Consumer Protection Act and Maryland equivalent
In an Order issued December 16, 2020, the Eastern District of Texas adopted the Report and Recommendation of United States Magistrate Judge Kimberly C. Priest Johnson finding that calls placed to a cellular telephone do not qualify as calls to a residential telephone subscriber for purposes of § 227(c) of the Telephone Consumer Protection Act