Tag Archives: Telephone Consumer Protection Act (TCPA)

Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute

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The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background).  The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act (“FCRA”) – is sufficient to confer Article III standing, which requires that an injury be both (a) concrete and particularized and (b) actual or imminent.  Below the Ninth Circuit held that Robins’ allegation of an FCRA violation were sufficient, but the Supreme [...] Read more

FCC Corrects July 10, 2015 TCPA Order

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This week, the FCC issued the following correction of its July 10, 2015 Order on the Telephone Consumer Protection Act (“TCPA”): In Paragraph 100, the fourth sentence is corrected to read as follows: “It follows that the rule applies per call and that telemarketers should not rely on a consumer’s written consent obtained before the current rule took effect if that consent does not satisfy the current rule.”  The paragraph had previously stated, incorrectly, “if that consent does satisfy the current rule.” The message in the correction is clear: Any caller must have obtained [...] Read more

FCC TCPA Order has Harsh Impact on Businesses

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On July 10, 2015, the FCC entered its long awaited Order on 21 petitions seeking clarification on a number of issues related to the federal Telephone Consumer Protection Act (“TCPA”).  A copy of the complete Order is available here https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.  The Order is consistent with comments that the FCC made during its open hearing on June 18, 2015.  For businesses that place autodialed calls or calls that use an artificial or prerecorded voice, be it for telemarketing or other purposes, the key takeaways from the new Order are as follows: First, [...] Read more

FCC’s TCPA Ruling Delivers Blow To Businesses

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The FCC today approved a Declaratory Ruling and Order resolving approximately 20 pending petitions seeking clarification of a variety of items relating to the federal Telephone Consumer Protection Act (TCPA). The Commission’s Order expands consumer rights and protections at the expense of legitimate businesses that use modern technologies responsibly to reach consumers. At today’s Open Commission Meeting, the FCC confirmed adoption of proposals that Chairman Tom Wheeler outlined at the end of March. In particular, the FCC ruled that: Carriers and service providers may implement call [...] Read more

Kristy Brown Comments On TCPA Issues In Inside Counsel

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Kristy Brown, partner and co-chair of the firm’s Privacy and Data Security Litigation Group, was interviewed by Inside Counsel about the uptick of Telephone Consumer Protection Act (TCPA) litigation and what companies should do to reduce their risk. In the interview, titled “TCPA Litigation: How can companies protect themselves?,” Brown first notes that, “No company or industry is immune to the threat of TCPA class action litigation.” Between 2010 and 2014, TCPA litigation has seen a large increase – up 560% according to WebRecon. “The dramatic increase in TCPA lawsuits only underscores [...] Read more

Privacy Associates Kelley Barnaby and David Carpenter Author Law360 Article on the Major TCPA Developments in 2013 That Companies Should Be Aware Of

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Senior Associates David Carpenter and Kelley Barnaby of Alston and Bird’s Litigation and Trial Practice group, have co-authored the Law360 article, “Defense Perspective on Major TCPA Developments in 2013.” In the article, Carpenter and Barnaby identify the major developments in the legal landscape for the Telephone Consumer Protection Act (“TCPA”) address the potential impacts of those developments for parties defending against these claims. The article discusses notable issues from 2013, including the FCC’s changes to the “consent” regulations, developments in the case law regarding [...] Read more

Prior Express Written Consent Now Required for Sending Marketing Messages via Robocall or Text Message; Questions Remain Regarding Pre-Existing Databases and Purely Informational Messages

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Companies that have amassed databases of consumers’ landline and mobile numbers for telemarketing purposes are left in a quandary as to whether they must obtain additional consent from consumers to comply with the new Telephone Consumer Protection Act (“TCPA”) rule. As of Wednesday October 16, 2013 companies that use prerecorded calls, autodialers or text messages as a means of marketing to their customers must adhere to new consent standards. The new consent standards require such companies to procure a consumer’s “prior express written consent” before placing [...] Read more