The Supreme Court handed down their highly anticipated ruling in Facebook v. Duguid. Upending Telephone Consumer Protection Act (TCPA) enforcement as we know it, the court finally set a nationwide precedent for how to interpret the law’s definition of automatic telephone dialing system (ATDS). As many observers anticipated after the court heard oral arguments in… Continue reading SCOTUS Ruling in Facebook v. Duguid Adopts Narrow ATDS Definition
Tag: Automatic Telephone Dialing System
San Francisco Giants and MLB Advanced Media Sued for Alleged TCPA Violations
Babe Ruth is quoted as having said, “Never let the fear of striking out keep you from playing the game.” This may be good advice for a baseball player but it is bad advice for telemarketers who have to worry about the potentially enormous penalties associated with the Telephone Consumer Protection Act (TCPA). A promotional campaign… Continue reading San Francisco Giants and MLB Advanced Media Sued for Alleged TCPA Violations
National Republican Senatorial Committee Faces TCPA Lawsuit
A wide variety of different kinds of political campaigns have been the recipients of Telephone Consumer Protection Act (TCPA) lawsuits. These sorts of lawsuits have involved campaigns at the federal level down to the local level and have targeted members of both parties. The latest TCPA lawsuit against a political campaign involves the National Republican… Continue reading National Republican Senatorial Committee Faces TCPA Lawsuit
TCPA Violations: What Constitutes Harm?
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era. As a result, a significant portion of the responsibility for the evolution and clarification of regulatory efforts has been carried out through court opinion.
Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid
Following December’s oral arguments, the entire telemarketing industry is awaiting the Supreme Court’s decision in Facebook v. Duguid. Apparently, many lower courts that hear Telephone Consumer Protection Act (TCPA) cases are doing so, as well. Continuing a trend that began after the Supreme Court first granted certification to Facebook’s appeal, numerous lower courts are granting… Continue reading Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid
One Year Later: Tracking the Implementation of the TRACED Act
December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade. An addition to the Telephone Consumer Protection Act (TCPA),… Continue reading One Year Later: Tracking the Implementation of the TRACED Act
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
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
Is the TCPA Only for Cell Phones?
The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.