Telephone Consumer Protection Act (TCPA)

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 of an automatic telephone dialing system going back to 2003, leaving only the TCPA’s statutory definition. That definition does not, on its face, include predictive dialers.

The decision creates some uncertainty about TCPA liability for calls to reassigned numbers. In addition, callers continue to face the challenge of capturing revocations sent by consumers using methods other than those prescribed by the caller.

On April 3, 2018, from 12 p.m. to 1 p.m. ET, Ballard Spahr attorneys will hold a webinar—The D.C. Circuit’s TCPA Decision: What It Means to Your Business. The webinar registration form is available here.

Click here for the full alert on Ballard Spahr’s Consumer Finance Monitor blog.

 

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) on the issue of Article III standing. In Spokeo I, the Supreme Court held that intangible injury may satisfy the “concrete injury” requirement for standing, but lower courts have since struggled to apply the Court’s holding.

Click here to read Ballard Spahr’s full legal alert on this decision.