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FCC Says Ringless Voicemails Require Prior Consent

November 28, 2022 by Richard B. Newman

FTC

“Ringless voicemails” are messages left in a consumer’s mailbox without ringing their cell phone. The Telephone Consumer Protection Act protects consumers from unwanted robocalls.  The TCPA, in pertinent part, prohibits making any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number without the … [Read more...]

Federal Court Holds TCPA Plaintiff Did Not Adequately Allege ATDS

July 2, 2019 by Richard B. Newman

FTC

In Bader v. Navient Solutions, LLC (N.D. Ill. June 14, 2019), the North District of Illinois dismissed a Telephone Consumer Protection Act (TCPA) plaintiff’s claims on the basis that the complaint did not possesses sufficient facts to plausibly allege the defendant had used an automated telephone dialing system (ATDS), consistent with post-ACA International v. Federal … [Read more...]

Telephone Consumer Protection Act Update – TCPA

May 28, 2019 by Richard B. Newman

FTC

FCC Commissioner Delivers Pro-Telemarketer TCPA Speech - May 2019 FCC Commissioner Michael O’Reilly recently delivered a telemarketer defense-oriented speech at an event in Washington D.C.  One of the many issues he addressed was the continuing landslide of frivolous Telephone Consumer Protection Act lawsuits. Commissioner O’Reilly made his opinion clear – the … [Read more...]

TCPA News for Telemarketers

November 19, 2018 by Richard B. Newman

FTC

SCOTUS Grants Certiorari in TCPA Case Following the ACA International decision from the D.C. Circuit, it was a matter of when, not if.  The deepening splits of opinion regarding interpretation of the Telephone Consumer Protection Act have resulted in the U.S. Supreme Court granting certiorari to a case that could determine whether the  judicial system or the Federal … [Read more...]

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