SGS North America Withdraws Petition for Declaratory
Ruling
On March 17, 2021 SGS North America, Inc ( SGS ) filed
a Notice of Withdrawal. SGS will no longer be pursuing its Petition
for Expedited Declaratory Ruling, Or in the Alternative, Request
for Retroactive Waiver. In its Petition, filed December 17,
2018, SGS asked the Commission to clarify the meaning of telemarketing and dual purpose calls with
respect to the prior express written requirements under the
TCPA in order to fix a growing trend of unwarranted
TCPA litigation.
Awaiting Decision (Items on Circulation )
Other Pending Petitions
Petitions Seeking to Establish or Modify Exemptions to TCPA
Consent Requirements
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The Act, passed by the New York state legislature last month,
aims to address the consequences of the permanent cessation of
LIBOR for specified contracts, securities, and other agreements
that are economically linked to LIBOR, and does so via an amendment
to the New York General Obligations Law that adds a new Article
18-C. The Act allows existing tough legacy contracts
governed by New York law - that do not include adequate
interest rate fallback provisions that contemplate a permanent
cessation of LIBOR - to use regulator-recommended replacement
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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.