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I. New and Noteworthy
III. Other Pending Petitions
b. Petitions Relating to Prior Express Written Consent
c. Petitions Relating to Automatic Telephone Dialing Systems (ATDS)
d. Petitions Relating to Junk Faxing Rules
e. Other Petitions
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties. These petitions can be primary jurisdiction referrals or be presented directly by a litigant in a TCPA action. The FCC currently has a number of petitions pending related to TCPA interpretation. The tracker below briefly summarizes each petition and the issues presented in them.
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In a unanimous ruling late last week, the U.S. Supreme Court slashed the Federal Trade Commission’s favored route to impose monetary penalties in consumer protection cases. Our Consumer Protection/FTC Team examines the decision, its immediate impact on enforcement actions, and Congress’s ability to step in to increase the FTC’s authority through legislation.
The Section 13(b) “shortcut” to remedy consumer harm is blocked
How will this affect the FTC’s enforcement program?
Will Congress step in to offer a fix?
Late last week, the Supreme Court issued a unanimous decision in
Tue, Apr 27th 2021 3:23pm
Karl Bode
As we noted recently, the wireless industry has been developing a new trust score to determine who is or isn t worthy of being able to send text message spam. The system is being contemplated after the 2020 election saw no shortage of text messaging spam that wireless subscribers found it difficult if not impossible to properly opt out of. The problem: a growing roster of groups are worried about the transparency of the process, noting that the Milan-based company (Kaleyra) running this new Campaign Registry hasn t been forthcoming or consistent when it comes to details of the system, launching in June.
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The Seventh Circuit has affirmed a ruling by an Illinois federal district court, holding that an Information Laws exclusion bars coverage for an insured dental services company s TCPA claim.
Mesa Laboratories, Inc. v. Federal Ins. Co. No. 20-1983 (April 20, 2021). Mesa, the insured, had been sued by a dentist for sending unsolicited faxes. The plaintiff alleged that Mesa violated the Telephone Consumer Protection Act (TCPA) and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA). The plaintiff also asserted claims for common law conversion, nuisance, and trespass to chattels for Mesa s appropriation of the recipients fax equipment, paper, ink, and toner.