The D.C. Circuit issued its much-anticipated ruling paring back the FCC’s 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”). The opinion: (1) invalidated the FCC’s interpretation of “autodialer” under the TCPA; (2) determined that...

In an apparent response to overwhelming criticism from Internet Service Providers (“ISPs”), industry groups, academics, and other government agencies, Federal Communications Commission (FCC) Chairman Tom Wheeler has released a Fact Sheet outlining significant changes to...

FCC Chairman Wheeler issued a Broadband Consumer Privacy Proposal Fact Sheet and announced that a Notice of Proposed Rulemaking (NPRM) on the same issue is presently in circulation at the Commission and is expected to...

The FTC and FCC have long monitored consumer protection issues, and we can expect more joint efforts in the future. Pursuant to a Memorandum of Understanding (“MOU”) signed on November 16, 2015, the two agencies...

Before the proverbial ink had even dried on the FCC’s TCPA Omnibus Order, one party is already challenging its legality. ACA International filed a Petition for Review on the day of the Order’s release, followed...

Class-action risk increases for most companies under the Telephone Consumer Protection Act (“TCPA”) following the July 10, 2015 release of the omnibus Declaratory Ruling and Order (“Order”) by the Federal Communications Commission (“FCC”). For some...

In an unprecedented coordinated effort, the Federal Trade Commission, the Federal Communications Commission, and 51 State Attorneys General announced a joint action against AT&T Mobility, LLC (“AT&T”) for $105 million. The regulators alleged that AT&T...

FCC Commissioner Michael O’Rielly published the following post on the Official FCC Blog: TCPA: It is Time to Provide Clarity. Commissioner O’Rielly stressed the need for the FCC to address TCPA petitions as soon as...

Documents filed this week in the U.S. District Court for the Southern District of Florida reveal that a Florida mall developer and its mobile marketing service provider have agreed to pay $6,500,000 to settle claims...

The Third Circuit issued an opinion last week addressing an apparent issue of first impression among circuit courts:  can consumers revoke their express consent to receive autodialed calls to their cell phones?  Yes, the Third...