On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer Protection Act (“TCPA”) does not permit a consumer to revoke her consent to be called when that consent forms part of a bilateral contract. The … Continue Reading
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On September 29, 2015, the Federal Communications Commission (FCC) released a Public Notice seeking comments on the Broadnet Teleservices, LLC (Broadnet) petition asking the FCC to declare that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on behalf of federal, state, and local governments, when such calls are made for official purposes.
Currently, the … Continue Reading
The Federal Trade Commission (FTC) has released a copy of a letter that it sent to PayPal stating that the agency was closing an investigation into potential Telemarketing Sales Rule (TSR) violations by the company. This release provides important insights on how companies can design their user agreements to avoid TSR violations.
As background, PayPal had indicated that it planned … Continue Reading
As many of our readers know, on July 10, the Federal Communications Commission (FCC) released a highly anticipated decision regarding the Telephone Consumer Protection Act (TCPA) and related FCC rules involving autodialed and prerecorded telephone calls and text messages. Although the order became effective upon release, in less than a week, three parties (ACA International, Professional Association for Customer Engagement, … Continue Reading
On Monday, June 1, a District Court in the Northern District of California granted AOL’s motion to dismiss plaintiff Nicholas Derby’s putative TCPA class action complaint on the grounds that the complaint failed to allege facts sufficient to establish that the AOL Instant Messenger (AIM) service was an automatic telephonic dialing system (ATDS) under the Act. Notably, the court did … Continue Reading
Today, FCC Chairman Wheeler announced that he is circulating a proposal to address more than twenty pending petitions seeking clarity regarding the scope requirements under the U.S. Telephone Consumer Protection Act (TCPA). He authored a blog post on the proposal and also released a fact sheet.
As part of the Chairman’s proposal, the FCC would issue the following rulings:… Continue Reading
Businesses that use automated technologies to place telemarketing calls and messages have just over a month to assess and revise their current calling practices to avoid the risk of expensive, time-consuming lawsuits under new Telephone Consumer Protection Act (TCPA) rules enacted by the Federal Communications Commission (FCC).
The TCPA (47 U.S.C. § 227) and the FCC’s TCPA rules (47 C.F.R. … Continue Reading