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President Joe Biden this week will have his first Oval Office meeting with the top four congressional leaders to talk infrastructure and spending. | Patrick Semansky/AP Photo
DRIVING THE DAY
Happy Monday, Playbookers. The two big events in D.C. this week, at least that we can forecast with any confidence, happen Wednesday. The House Republican Conference will vote to remove
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 U.S. Court of Appeals for the Sixth Circuit recently re-affirmed its position that manufacturers of products advertised in unsolicited fax messages do not face strict liability under the TCPA’s junk-fax provision. To face liability, the manufacturers must at least be aware that fax advertisements are being sent.
In
Lyngaas v. Curaden AG, a dentist sued a Swiss toothbrush manufacturer, Curaden AG, and its American subsidiary, Curaden USA, for sending unsolicited fax advertisements for their toothbrushes. 992 F.3d 412, 417 (6th Cir. Mar. 24, 2021). The district court concluded that Curaden AG could not be held liable for the faxes because Curaden USA had designed and broadcasted the faxes on its own, without parent authorization.
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.