2014 saw an increase in TCPA litigation, especially class action litigation, as well as significant FTC and FCC enforcement. In 2014, we grappled with what the new “written consent” standard meant, and dozens of TCPA-related petitions were filed with the FCC. New risks related to VoIP and wireless lines emerged. What does 2015 have in… Continue reading Happy New year from the TCPA!
Tag: FCC
Updates on Consent in Recent TCPA Cases
Albert A. Nigro v. Mercantile Adjustment Bureau. The FCC argued in their brief that the plaintiff had not consented to receive autodialed or prerecorded debt collection calls, by providing their number to the utility company as part of his effort to close a deceased family members’ account.
Court Struggles in Interpreting the TCPA
On July 7, the District Court for the Northern District of Illinois in Kolinek v. Walgreen Co. issued an order vacating its earlier order dismissing the case. The court found that it had previously misinterpreted the FCC’s definition of “prior express consent.” The court’s previous decision had effectively held that as a general rule, “when… Continue reading Court Struggles in Interpreting the TCPA