$9.3 Million Settlement by Medical Group After Sending Faxes in Violation of the TCPA

A medical services company, Advanced Care Scripts, Inc., is in trouble after allegedly sending thousands of faxes promoting their services over the course of almost five years, from April 2011 to February 2016. The faxes failed to include mandatory opt-out information, which is a violation of the TCPA. Jefferson Radiation Oncology LLC, a recipient of… Continue reading $9.3 Million Settlement by Medical Group After Sending Faxes in Violation of the TCPA

FCC Denies Petition to Exempt Mortgage Servicing Calls

During the summer of 2016, the Mortgage Banking Association (MBA) petitioned the Federal Communications Commission (FCC) to have certain mortgage servicing calls exempt from the autodialer regulations in the TCPA. In the petition, the MBA argued that mortgage servicers are responsible for contacting borrowers and gathering important and urgent data. Some of this correspondence has… Continue reading FCC Denies Petition to Exempt Mortgage Servicing Calls

FTC Releases Letter on Avatar Technology

Today the FTC released a staff opinion letter stating that, effective May 12, 2017 (six months from now), it will no longer distinguish soundboard calls from more traditional prerecorded robocalls.  This is unfortunate, because most outbound robocalls require prior written consent under the Telemarketing Sales Rule. Avatar calls involve a live agent playing prerecorded snippets… Continue reading FTC Releases Letter on Avatar Technology

Federal Judges Grill FCC During October 19 Hearing on ACA Appeal

The American Collections Association, along with 7 other companies and trade associations, all filed suit against the FCC in 2015 following the FCC’s July 2015 Order “clarifying” the definition of an autodialer, who the “called party” is, and how to revoke consent.  All 7 suits were consolidated in the D.C. Federal Circuit Court of Appeals. … Continue reading Federal Judges Grill FCC During October 19 Hearing on ACA Appeal