FCC

FCC Establishes Reassigned Number Database and TCPA Safe Harbor

On December 13, 2018, the Federal Communications Commission (FCC) released a Second Report and Order addressing issues with reassigned phone numbers and potential Telephone Consumer Protection Act (TCPA) liability, and establishing a safe harbor for business callers.  Currently, there is no comprehensive database which allows businesses to determine whether a phone number…

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Ninth Circuit Issues Opinion on TCPA ATDS Definition

On September 20, 2018, the Ninth Circuit issued an opinion finding that the Telephone Consumer Protection Act’s (TCPA’s) “automatic telephone dialing system” (ATDS) definition is vague and ambiguous, and interpreting the statutory definition anew.  More specifically, in Marks v. Crunch San Diego, LLC, the court interpreted the TCPA’s ATDS definition…

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In the Wake of ACA International, Four Cases Follow Suit

On March 16, 2018, the D.C. Circuit issued a long-awaited ruling in ACA International v. FCC, which struck down the Federal Communications Commission’s (FCC’s) expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) “automatic telephone dialing system” (ATDS) definition.  As LenderLaw Watch analyzed more fully here, the D.C. Circuit focused…

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FCC Issues Enforcement Advisory Clarifying Permissible Use of Robotexts Under the TCPA

On November 18, 2016, the FCC issued an enforcement advisory clarifying its position that autodialed text messages, known as “robotexts,” are subject to the TCPA.  As we reported last year, the FCC issued a package of declaratory rulings expanding the TCPA’s scope in July 2015, and this enforcement advisory is…

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2Q 2015 Sees Increase in Enforcement Litigation

*Editor’s Note:  This post originally appeared on our sister blog, Consumer Finance Enforcement Watch.  Visit CFEW for more real-time reporting on the full range of public federal and state consumer finance enforcement activity.* For the second quarter of 2015, Consumer Finance Enforcement Watch tracked 56 enforcement actions taken against consumer finance providers,…

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FCC Ruling Potentially Expands Scope of TCPA

On June 18, 2015, the Federal Communications Commission (“FCC” or the “Commission”) issued a package of declaratory rulings (“FCC 15-72”) related to telemarketing.  Although FCC 15-72 has yet to be officially released, the Commission indicated the measure is significant, particularly in the Telephone Consumer Protection Act (“TCPA”) realm.  A federal law…

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