On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposal to his fellow commissioners seeking to address the backlog of petitions concerning the TCPA currently awaiting disposition.
A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send.
Following a growing precedent in the California federal district courts, a judge recently concluded that a defendant in a Telephone Consumer Protection Act case did not impermissibly use an automated telephone dialing system (ATDS) because human intervention was involved.
A putative class action alleging violations of the Telephone Consumer Protection Act by Bebe Stores will move forward after a California federal court judge denied defendant’s motion to dismiss.
A federal court judge has stayed a class action pending a decision by the Federal Communications Commission on the issue of whether the agency overstepped its bounds by issuing regulations stating that the Telephone Consumer Protection Act requires solicited fax advertisements to include opt-out ...
Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties made on its behalf, a federal court judge in Illinois has ruled.
Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements.
Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system is an automatic telephone dialing system pursuant to the Telephone Consumer Protection Act (TCPA), a California federal court ...
In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for violations of the statute made by a third party – even where the violator was not the advertiser of the product.
One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules.