In a unanimous decision, the U.S. Supreme Court limited the reach of the Telephone Consumer Protection Act (“TCPA”) by narrowing what technology qualifies as an Automatic Telephone Dialing System (“ATDS”). Among other restrictions, the TCPA prohibits calls to phone numbers using an ATDS without prior express consent. The TCPA defines an ATDS as “equipment which
Telephone Consumer Protection Act (TCPA)
DISH Network Agrees to Pay $210 Million for Vendors’ Violations in Historic Department of Justice Telemarketing Enforcement Action
A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance measures, including for third-party vendors. In 2017, a jury found DISH Network LLC liable for its vendors’ violations of the Telemarketing Sales Rule and the Telephone Consumer Protection Act, as
SCOTUS Decision in Unsolicited Fax Case Could Have Broader TCPA Implications
The U.S. Supreme Court’s grant this week of the petition for certiorari in a case involving the Telephone Communication Protection Act (TCPA) prohibition on unsolicited fax advertisements could have significant implications for the Federal Communication Commission’s (FCC) anticipated ruling on what constitutes an automatic telephone dialing system (ATDS) under the TCPA.
The petitioner in PDR Network v. Carlton & Harris Chiropractic sent a fax in 2013 to a West Virginia chiropractor offering a free copy of the Physicians’ Desk Reference. The chiropractor declined the offer and sued PDR in West Virginia federal court, alleging that PDR had violated the TCPA by sending it an unsolicited fax advertisement. PDR moved to dismiss, arguing that the fax was not an “unsolicited advertisement” because it offered the desk reference for free rather than for purchase. The chiropractor disagreed, arguing that the fax was an “unsolicited advertisement” because a 2006 FCC rule interpreted the term to include “facsimile messages that promote goods or services even at no cost.”…
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D.C. Circuit TCPA Decision Gives Industry Partial Victory, but No Certainty
The decision last week by the U.S. Court of Appeals for the D.C. Circuit on petitions seeking review of the Federal Communications Commission’s 2015 Declaratory Ruling and Order implementing the Telephone Consumer Protection Act (TCPA) represents a partial victory for the industry.
In the decision, the D.C. Circuit reversed the FCC’s guidance on the definition…
U.S. Supreme Court Rejects Second Bid for Review in Spokeo
The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit’s most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify the confusion that has ensued since the Supreme Court’s 2016 decision in Spokeo (Spokeo I…