The FCC released a statement on December 15 that current chairman Tom Wheeler will be leaving the Commission on January 20, 2017, the day that President-elect Donald Trump will officially take office.
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$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
2016 Holiday Call Restrictions
- 2016 December Holiday Call Restrictions
- 2016 November Holiday Call Restrictions
- 2016 October Holiday Call Restrictions
Trump Campaign Fights Back Against TCPA Class Action Lawsuit
Recall that president-elect Donald Trump’s campaign is the target of a class action lawsuit that alleges it sent text messages without consent in the months leading up to the election.
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
Follett Higher Education Group Agrees to $3.5 million TCPA Text Message Settlement
FHEG allegedly violated the Telephone Consumer Protection Act (TCPA) by sending non-emergency text messages to approximately 1.8 million consumers using an automatic telephone dialing system.
D&B to Pay $10.5 Million in TCPA Class Action Settlement
The class consisted of approximately 1.1 million individuals. Plaintiffs claimed that between April 28, 2011 and January 31, 2016, Dun & Bradstreet used autodialing software to call cell phones without prior express consent.
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
Court Rules Certain Components of CFPB Structure are Unconstitutional
Two of the three judges on the appeals panel agreed that too much unchecked authority had been given to the CFPB Director relative to other agencies. The court ruled that the director’s job could now be supervised or changed by the president at any time.