Newsletters

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.


12.20.17

Court Finds Revocation of Consent Unreasonable, Tosses Suit

Taking a stand on the revocation of consent, a New Jersey federal court judge rejected a plaintiff’s argument that she had reasonably conveyed her desire to be removed from a text message marketing list.


12.20.17

Court Finds Calls Regarding Medicaid Coverage Not Telemarketing

A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone number on a hospital registration form.


11.28.17

Dish Network’s TCPA Troubles Continue

A $61 million judgment in a Telephone Consumer Protection Act (TCPA) class action will stand after a federal court judge denied the defendant’s motion to reduce or set aside the trebled damages award.  


11.28.17

Seven-Year Junk Fax Litigation Ends in $7M Settlement

A seven-year-old case involving allegedly illegal faxes may finally be coming to an end after a federal court judge granted preliminary approval to a $7 million deal.


11.28.17

Calls to VoIP App May Trigger TCPA Liability

A federal court in Wisconsin held that calls made using Voice over Internet Protocol (VoIP) apps may result in liability under the Telephone Consumer Protection Act (TCPA) where the called party incurs a charge for the call or a deduction of credits from the recipient’s account.


11.28.17

Consent Questionable in Online Lead Form, Court Rules

A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear.


11.28.17

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA) class action pending over 800 miles away in the Northern District ...


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.


10.31.17

Human Intervention Means Program Not ATDS, Illinois Court Rules

Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant.