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 Alert December 2018
FCC Releases Draft Order to Combat “Robocalls” The Federal Communications Commission recently released two draft orders intended to address unlawful robocalls. The first establishes a nationwide reassigned number database in order to address caller liability under the Telephone Consumer Protection Act when the new user has not provided prior express written consent. The … [Read more...]
FTC Attorney on Recent TCPA Litigation Developments
Congress Proposes Legislation to Combat Robocalls Congress has proposed a bill to attack robocalls. The “TRACE Act” would expand FCC authority under the Telephone Consumer Protection Act (TCPA) and empower the FCC to mandate call various rules to reduce ID spoofing. Of particular importance, the Act purports to expand the statute of limitations. At present, the FCC is … [Read more...]
TCPA News for Telemarketers
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...]
Individualized Issues of Consent Result in TCPA Class Action Certification Denial
Class actions are designed to promote the efficiency of litigation by allowing the claims of a group of individuals with the same claims to be decided in the same proceeding. They are commonly utilized by plaintiffs’ attorneys in Telephone Consumer Protection Act matters. In the matter of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D. Ill. Sept. … [Read more...]