USA
December 14 2020
In 2016, the Federal Communications Commission (FCC) found that the term “person” in Section 227(b)(1) of the Telephone Consumer Protection Act (TCPA) did not include the Federal government or agents acting on its behalf. At that time, the agency “clarified that a government contractor that places calls on behalf of the federal government may invoke the federal government’s immunity from the TCPA ‘when the contractor has been validly authorized to act as the government’s agent and is acting within the scope of its contractual relationship with the government, and the government has delegated to the contractor its prerogative to make autodialed or prerecorded- or artificial-voice calls to communicate with its citizens.’” Thus, under such circumstances federal contractors were exempt from the prior express consent requirements of Section 227(b)(1). State and local governments and their contractors were not included. Two petitions for reconsiderati
Burke, Warren, MacKay & Serritella, P.C. Welcomes Partner Rosa M. Tumialán
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Prominent litigator joins leading Chicago law firm
Rosa has a well-earned reputation as a top litigator, and we are delighted she decided to join our growing firm. CHICAGO (PRWEB) December 15, 2020 Burke, Warren, MacKay & Serritella, P.C., an independent, full-service Chicago law firm, is pleased to announce that Rosa M. Tumialán has joined the firm as a Partner. Ms. Tumialán focuses her robust practice on complex commercial disputes, with a special emphasis in insurance coverage litigation in both state and federal courts. Prior to joining Burke, Warren, Ms. Tumialán was a partner in the Chicago office of Dykema Gossett PLLC.
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The FCC has taken two more steps to implement the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), under which, as we ve reported, it has implemented a number of actions toward stemming illegal robocalls, including facilitating call blocking initiatives, implementation of STIR/SHAKEN call authentication, and a review of exceptions to the Telephone Consumer Protection Act (TCPA) autodialer and prerecorded-call restrictions. Now, the FCC has reported to Congress on the status of the agency s long-gestating reassigned numbers database, and issued a notice of proposed rulemaking (NPRM) toward establishment of a new online means for private parties to report alleged robocalling and caller ID spoofing regulations.
Does the TCPA Apply to Text Messages? lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.
DISH Network to Pay $210 Million for Telemarketing Violations Details Written by DOJ
Washington, DC - The Department of Justice Monday announced a settlement in which DISH Network LLC (DISH) will pay $126 million in civil penalties to the United States for placing millions of telemarketing calls in violation of the Federal Trade Commission s Telemarketing Sales Rule (TSR).
This settlement represents the largest civil penalty ever paid to resolve telemarketing violations under the FTC Act, and exceeds the total penalties paid to the government by all prior violators of the TSR. DISH will also pay a combined $84 million to four states for violations of the Telephone Consumer Protection Act, for a total settlement of $210 million.