To embed, copy and paste the code into your website or blog:
Questions over the extent to which district courts must defer to FCC rulings have had a significant impact over key legal issues that drive outcomes in the TCPA litigation. Prior to the Supreme Court’s opinion in
PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (2019), many courts had held the Hobbs Act barred district courts from considering challenges to the validity of FCC rulings, meaning private litigants could not mount such challenges no matter how wrong or arbitrary the FCC’s ruling may have been.
In
On December 8, 2020, the Supreme Court heard argument in
Facebook, Inc. v. Duguid,
1 a case addressing a split among federal circuit courts as to what constitutes an automatic telephone dialing system often referred to as an autodialer under the Telephone Consumer Protection Act (TCPA).
2 The Court s decision could significantly reduce the risk of TCPA litigation directed at online platforms and apps with text messaging functionality.
Background
The TCPA generally prohibits calls to cell phones made without some form of consent if the calls are placed using an automatic telephone dialing system.
3 Courts have interpreted calls to include text messages.
4 The TCPA defines automatic telephone dialing system as equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. The statute is invoked routinely by plaintiffs class action counsel due to its statutory
A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance.
Time to hang up on a bad anti-robocall law msn.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from msn.com Daily Mail and Mail on Sunday newspapers.
Health
your username
December 10, 2020
On Wednesday in the Southern District of Florida, Advanced Interventional Pain & Diagnostics of Western Arkansas (AIPD) filed a class-action lawsuit against Modernizing Medicine, Inc. (MMI) for supposedly sending a fax to the pain clinic without its permission in violation of the Telephone Consumer Protection Act (TCPA). The plaintiff seeks certification of a class of all people and entities who received a fax from the defendant that promotes its services, without first giving their consent.
The ten-page complaint explains that AIPD is an interventional pain medicine clinic located in Fort Smith, Arkansas. The defendant is reportedly in the business of providing electronic health records systems to medical clinics. MMI is a Delaware corporation headquartered in Boca Raton, Florida, according to the filing.