One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk. Once case—Ramsey v. Receivables Performance Mgmt., LLC, Case No. 1:16-cv-1059, 2020 U.S. Dist. LEXIS 236094 (S.D. Oh.… Continue reading Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
Author: stefen
FCC Declaratory Ruling Reaffirms Consent Standards for Soundboard Technology
The Federal Communications Commission (FCC) released a Declaratory Ruling and Order last week addressing a petition regarding soundboard technology. The Ruling comes in response to petitions from NorthStar Alarm Services, LLC and Yodel Technologies LLC. The FCC essentially reaffirms the status quo, which is that soundboard technology—also known as “avatar tehcnology”—must conform to the same… Continue reading FCC Declaratory Ruling Reaffirms Consent Standards for Soundboard Technology
First CCPA Class Action Settlement Reached for $400,000
A milestone has been reached with the announcement of the first settlement for a California Consumer Privacy Act (CCPA) class action. The parties in the lawsuit against Hanna Andersson, a retailer of high end children’s apparel, reached an agreement last month to settle the case for $400,000. The case originates from a data breach that… Continue reading First CCPA Class Action Settlement Reached for $400,000
Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
On Friday, two district court judges within the same district delivered rulings in Telephone Consumer Protection Act (TCPA) lawsuits that created a jurisdictional split on the constitutionality of the TCPA between November 2015 and June 2020. These decisions follow two others from this autumn that relate to the retroactive effects of the Supreme Court’s decision… Continue reading Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
FCC Names Administrator for Reassigned Numbers Database
The Federal Communications Commission’s (FCC) reassigned number database was supposed to be available sometime this year, after delays in 2019. With only 3 weeks left in the year, it appears unlikely that they will meet that deadline. However, a new announcement shows that the FCC is still making slow progress on the project. The FCC… Continue reading FCC Names Administrator for Reassigned Numbers Database
Simington Confirmed to FCC in Last Minute Vote
The Senate confirmed Nathan Simington as a Commissioner on the Federal Communications Commission (FCC). The confirmation vote, which fell along party lines 49-46, was somewhat surprising as Senate Majority Leader Mitch McConnell had not been expected to prioritize it over other procedural moves with the Senate’s limited time remaining before the end of this year’s… Continue reading Simington Confirmed to FCC in Last Minute Vote
Supreme Court Oral Arguments on TCPA Case Focus on Grammar and Technology
The Supreme Court heard oral arguments in Facebook v. Duguid on the morning of Tuesday, December 8. This was the second major Telephone Consumer Protection Act (TCPA) case to be heard in front of the Supreme Court this year. As expected, the arguments centered on the TCPA’s definition of automatic telephone dialing system (ATDS). The… Continue reading Supreme Court Oral Arguments on TCPA Case Focus on Grammar and Technology
SCOTUS to Hear Oral Arguments in Facebook v. Duguid
It can be easy to forget considering everything else that has happened this year, but the Supreme Court is set to hear oral arguments for a case that could have enormous consequences for the Telephone Consumer Protection Act (TCPA). This case—Facebook v. Duguid—is the second major TCPA case that SCOTUS will hear this year, following… Continue reading SCOTUS to Hear Oral Arguments in Facebook v. Duguid
FCC Chairman Ajit Pai Will Step Down in January
Federal Communications Commission (FCC) Chairman Ajit Pai announced on Monday that he will leave the commission on January 20, 2021, the date that Joe Biden is expected to be inaugurated as president. While Pai’s term as Chairman was not set to end until June 2021, this decision to step down follows the usual precedent when… Continue reading FCC Chairman Ajit Pai Will Step Down in January
FCC Fines Telemarketer $10 Million for Caller ID Spoofing
The Federal Communications Commission (FCC) levied an enormous fine against a San Diego-based telemarketer for violations of the Truth in Caller ID Act. The $10 million fine arises from a robocall campaign related to a 2018 election for a seat in the California Assembly. The FCC announced that Ken Moser and his company, Marketing Support… Continue reading FCC Fines Telemarketer $10 Million for Caller ID Spoofing