BREAKING – D.C. Circuit Sets Aside Key Portions of FCC Ruling in Long-Awaited TCPA Decision
3/20/18
By: Matthew N. Foree
The United States Court of Appeals for the District of Columbia Circuit has finally issued its decision in the appeal of the Federal Communication Commission’s July 2015 Declaratory Order regarding the Telephone Consumer Protection Act. The …
District Court Dismisses Suit for Failure to Meet the Pleadings Requirements Under the U.S. Telephone Consumer Protection Act
10/3/16
By: A. Ali Sabzevari
A federal judge recently dismissed a class action lawsuit accusing CrossCountry Mortgage, Inc. of contacting consumers nationwide with unsolicited calls, finding that plaintiffs did not clearly show the mortgage lender made the calls in dispute. Filed …
TCPA Cases Stayed Pending SCOTUS Spokeo Ruling
5/10/16
By: Matt Foree
Telephone Consumer Protection Act (“TCPA”) litigants are anxiously awaiting a decision from the Supreme Court of the United States in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014) cert. granted, 135 S.Ct. …
Show Me the Money! The Supreme Court Leaves Open the Possibility of Mooting Class Claim by Depositing Money to Satisfy Representative Plaintiff
5/4/16
By: Ze’eva Kushner Banks
In the recent Supreme Court case Campbell-Ewald Company v. Gomez, 136 S. Ct. 663 (2016), the Navy contracted with the advertising company Campbell-Ewald (“Campbell”) to develop a multimedia recruiting campaign. The campaign included sending text …
SCOTUS Holds that Unaccepted Offer of Judgment Does Not Moot Plaintiff’s Case
1/21/16
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its opinion in the Campbell-Ewald Co. v. Gomez case. In that opinion, the Court held that an unaccepted settlement offer or offer of judgment does not moot a …
SCOTUS Hears Case on Effect of TCPA Offer of Judgment
1/8/16
By: Matt Foree
The U.S. Supreme Court recently heard oral argument on a case affecting the resolution of Telephone Consumer Protection Act (“TCPA”) cases in which a defendant has submitted a Rule 68 Offer of Judgment to a plaintiff. The …
Petitioners Submit Statements of Issues in Appeal of FCC’s TCPA Ruling
8/20/15
By: Matt Foree
As reported previously, the Federal Communications Commission (FCC) issued its Declaratory Ruling and Order (Order) regarding the Telephone Consumer Protection Act (TCPA) on July 10, 2015. That ruling was immediately appealed by several business organizations …
FCC Announces New TCPA Declaratory Rulings
6/26/15
By: Matthew N. Foree
Last week, the Federal Communications Commission (FCC) announced in a press release that it issued a package of declaratory rulings regarding the Telephone Consumer Protection Act (TCPA). The FCC declared that it “adopted a proposal to …
FCC Commissioner Reiterates Need for FCC to Address TCPA Issues
4/9/15
By: Matthew N. Foree
Michael O’Rielly, the Commissioner of the Federal Communications Commission (FCC) addressed the Association of National Advertisers (ANA) last week. During his remarks, he discussed litigation under the Telephone Consumer Protection Act (TCPA), which he described as …
Court Expands TCPA Unsolicited Fax Liability
12/30/14
By: Matt Foree
The Telephone Consumer Protection Act (“TCPA”) has been criticized for its severe penalties and its failure to apply common sense. As discussed in this blog previously, members of Congress submitted correspondence to the Chairman of the Federal …
Members of Congress Seek TCPA Revisions
8/18/14
By: Matthew N. Foree
Ten members of Congress have recently submitted correspondence to the Chairman of the Federal Communications Commission (“FCC”) urging the FCC to revise the Telephone Consumer Protection Act (“TCPA”). They frame the issue at stake as “a …
TCPA Class Action on Opt-Out Confirmation Text Messages Dismissed
7/15/13
By: Matt Foree
A U.S. District Court in California recently dismissed a putative class action under the Telephone Consumer Protection Act (TCPA). See Holt v. Redbox Automated Retail, LLC, Case No. 11cv3046 (S.D. Cal. 2013). The matter concerned Defendant …