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Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”)....
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 Pend...
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 stat...
To embed, copy and paste the code into your website or blog: In a landmark decision issued April 1, 2021, the Supreme Court settled a hotly-contested debate over the definition of “automatic telephone dialing system” (or “autodialer”) under the 1991 Telephone Consumer Privacy Act (“TCPA”). The Court’s decision is likely to upend the TCPA compliance and litigation landscape, as the law’s private right of action coupled with steep penalties for non-compliance have spawned countless class action lawsuits in recent years. SCOTUS resolved a circuit split over the definition of auto...
To embed, copy and paste the code into your website or blog: Companies engaging in telephone and text marketing will find some relief in the Supreme Court of the United States’ (“SCOTUS”) recent holding in Facebook, Inc. v. Duguid, which narrows the scope of the Telephone Consumer Protection Act of 1991 (“TCPA”). The decision limits the definition of “automatic telephone dialing system” (“ATDS”) to those devices that use a random or sequential number generator in all cases, whether storing or producing phone numbers to be called. While the clarification to the definition of ...