Newsletters

04.03.18

Statutory Damages Are ‘Penalties’ According to the Tenth Circuit

In Ace American Insurance Co. v. Dish Network, the Tenth Circuit ruled that statutory damages and injunctive relief under the Telephone Consumer Protection Act (TCPA) are uninsurable “penalties” under Colorado law, affirming a district court decision that Dish Network’s insurer ...


04.03.18

In Case You Missed It: D.C. Circuit TCPA Decision Webinar

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.


03.19.18

Top Takeaways From the D.C. Circuit’s Long-Awaited TCPA Decision

The old adage “good things come to those to wait” showed itself to be true when on Friday, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC, just shy of 17 months after oral argument.


12.20.17

FCC Permits Some Robocall Blocking

In a report and order, the Federal Communications Commission (FCC) approved new rules that will allow phone companies to block illegal robocalls originating from certain types of numbers.


10.31.17

Reassigned Numbers: Commenters Embrace Database, Split on Safe Harbor

Of the dozens of comments filed in response to the Federal Communications Commission’s (FCC) request on how to handle the problem of reassigned numbers, the majority appeared to support the agency’s plan to establish a central database, although opinions differed on the details.


08.24.17

Lacking List of Recipients, Sixth Circuit Denies Class Certification

Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list of recipients the class cannot be ascertained, the U.S. Court of Appeals, Sixth Circuit declined to certify a class of tens of thousands of ...


04.18.17

FCC Combats Spoofed Robocalls

As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a Notice of Proposed Rulemaking and Notice of Inquiry.


02.17.17

Case Not Moot Even After Rule 67 Funds Deposited

Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to Federal Rule of Civil Procedure 67?


12.20.16

Defendant’s Attempt to Moot TCPA Suit Fails (Again)

A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute despite offering the plaintiff $46,500 and promising to refrain from future violations.


10.18.16

New Record Deal Reached in TCPA Settlement

In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise marketing companies to pay up to $76 million to two classes of call recipients.