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The Telephone Consumer Protection Act (TCPA) generally restricts making certain non-emergency calls to cellular phones and landlines, among other things, without the called party’s consent. However, the Federal Communications Commission (FCC) has created a number of exemptions on which business have come to rely. A new FCC Order significantly limits those exemptions.
Background
The TCPA places different restrictions on making calls without the called-party’s consent, depending on the type of telephone line used. For instance, with respect to residential landlines, the TCPA prohibits initiating non-emergency calls “using an artificial or prerecorded voice” but permits calls to residential landlines using an automatic telephone dialing system (ATDS).[1] With respect to cellular telephone numbers, the TCPA prohibits non-emergency calls using an ATDS or an artificial or prerecorded voice.[2]
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Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts across the country, and all signs indicate that the trend will continue in the year ahead. Yet potential changes loom on the horizon. The United States Supreme Court is poised to issue a decision that could dramatically impact hundreds of pending cases involving alleged autodialers and alter the TCPA landscape for good. New leadership at the Federal Communications Commission (FCC) could revise or clarify TCPA rules, and courts across the country continue to grapple with various issues regarding the scope and potency of the statute. Here, we discuss the TCPA Top 5 issues for 2021.
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The first months of the Supreme Court’s 2020 term have had an aura of fatigue: a nation gripped by the COVID-19 pandemic, a court adjusting to a new colleague and an unusually light caseload (to be argued by telephone). Despite all this, the Court will address a number of issues important to businesses, including bankruptcy, administrative law, personal jurisdiction and liability under the Alien Tort Statute. Perhaps the most elucidating aspect of this term will be the window it gives into how Justice Amy Coney Barrett will affect the direction of the Court.
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Dixie Brands And Other Pot Cos. Settle Group TCPA Suit
Law360 (January 8, 2021, 7:04 PM EST) A group of cannabis companies targeted in a single Telephone Consumer Protection Act suit has settled with the customers who say they received unsolicited texts, marking another settlement in a type of case that has recently flooded the cannabis industry.
The suit which was filed against multistate operators Dixie Brands and Starbuds, as well as Colorado cannabis retailers Native Roots, Euflora and Mile High Green Cross purports that the companies used a third party to spam customers with unwanted texts. Thursday s notice of settlement did not detail how or why customers Marcie Cooperman and Richard Komaiko and the companies.