Tag archives: TCPA

To be or not to be . . . an “autodialer”

By David Kessler (US) and Susan Ross (US) on April 5, 2021 Posted in Compliance and risk management

On April 1, 2021, the U.S. Supreme Court decided the question whether the Telephone Consumer Protection Act’s (TCPA) definition of “autodialer”

encompasses equipment that can “store” and dial telephone numbers, even if the device does not “us[e] a random or sequential number generator.” It does not. To qualify as an “automatic telephone dialing system,” a device must have the capacity either to store a telephone number using a random or sequential generator or to produce a telephone number using a random or sequential number generator.

Facebook, Inc. v. Duguid, No. 19-511 (April 1, 2021) (2021 WL 1215717).

Background

The … Continue Reading

FCC TCPA order partially upheld and partially set aside

By Susan Ross (US) on March 17, 2018 Posted in Dispute resolution and litigation

Data Protection Report - digital privacy, CCPA and cybersecurity

On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to four of the FCC’s determinations relating to cell phones. The appellate court upheld the FCC’s determinations that consumers can revoke consent to receive marketing calls by “any reasonable means” that clearly expresses the desire to receive no further messages from the caller, and an exception for certain “emergency” healthcare-related calls. On the other hand, the court set aside the FCC’s decision regarding the definition of an “automatic telephone … Continue Reading

FCC Rules on TCPA Consent Requirements and Emergency Purpose Exception

By on August 9, 2016 Posted in Compliance and risk management, Regulatory response

On August 4, 2016, the Federal Communications Commission (FCC) released a declaratory ruling clarifying the scope of the Telephone Consumer Protection Act’s (TCPA) consent requirements to send robocalls and automated text messages to wireless phone numbers. The ruling was in response to Blackboard, Inc.’s request that the FCC declare “all automated informational messages sent by an educational organization” as within the scope of the TCPA’s “emergency purpose” exception. While the FCC granted Blackboard’s request in part, it also expanded its ruling to address automated messages provided by utilities.… Continue Reading

FCC clarifies TCPA restrictions on robocalls and text messages

By on July 19, 2015 Posted in Regulatory response

Data Protection Report - Norton Rose Fulbright

On July 10, 2015, the Federal Communications Commission (FCC) released a 105 page omnibus declaratory ruling and order (“Order”) under the Telephone Consumer Protection Act (“TCPA”) that, among other things, permits banks and other financial institutions to call consumers on their wireless telephones using autodialer equipment and pre-recorded messages (“robocalls”) and also send texts without prior written consent in certain limited circumstances. The Order was effective upon its release.… Continue Reading