Disconnected: The Telephone Consumer Protection Act at 25 Years Old

Size: px
Start display at page:

Download "Disconnected: The Telephone Consumer Protection Act at 25 Years Old"

Transcription

1 Legal Update March 28, 2016 Disconnected: The Telephone Consumer Protection Act at 25 Years Old The Telephone Consumer Protection Act ( TCPA or Act ) has become fertile ground for plaintiffs seeking to use the prospect of aggregated statutory damages to extract sizable settlements. Further, while as its name suggests, the Act was enacted to protect consumers, it is being enforced in a manner that actually harms consumers by preventing them from receiving important informational telephone calls and text messages from businesses that are concerned with running afoul of the Act. The TCPA has plainly deteriorated into something far afield from its original intent 25 years ago. To be sure, Congress passed the TCPA in 1991 to combat the proliferation of unsolicited telephone calls by certain groups of telemarketers to consumers, whose numbers were often dialed at random or sequentially using automated dialing equipment. 1 For many years, the Act was used for that purpose to regulate and sue rogue telemarketers. It is only more recently that plaintiffs have used the TCPA as a vehicle to bring costly class actions against businesses of all types and, increasingly, where those organizations engaged in communications that Congress probably never intended the Act to prohibit. 2 The number of TCPA lawsuits has skyrocketed in the past few years. It is reported that, in 2007, a mere 14 new TCPA lawsuits were filed. Five years later, in 2012, plaintiffs filed 1,102 new TCPA lawsuits. And, since then, the rate of filings has more than tripled, with 3,710 new cases filed in Plus, this upsurge of TCPA litigation has resulted in record-breaking multimillion-dollar settlements over the past few years, some higher than $30 million. Highlighting the significant exposure presented by the Act, in a recent opinion approving a $34 million settlement of a 32-million member TCPA class, a district court acknowledged that a complete victory for the class on the merits would be in the range of $16 $48 billion. 4 TCPA Lawsuits TCPA Class Actions What led to this torrent of litigation? While the Federal Communications Commission (the FCC or the Commission ) attributes the surge in litigation to the skyrocketing growth of mobile phones, the FCC s interpretations of the TCPA in its implementing regulations and

2 declaratory rulings may be the real culprit. As discussed below, interpretations of the Act from the Commission s recent Omnibus Declaratory Ruling and Order (the 2015 Declaratory Ruling ) are now the subject of a consolidated appeal pending before the D.C. Circuit, ACA International v. Federal Communications Commission, in which the petitioners raise a number of compelling arguments that certain of those interpretations are unreasonable and should not be accorded deference. The FCC s Implementation of the TCPA Prior to 2015 The TCPA, with limited exceptions, 5 prohibits unsolicited calls to wireless telephones using an automatic telephone dialing system ( ATDS or autodialer ) or an artificial or prerecorded voice, and to residential landlines using an artificial or prerecorded voice. 6 The Act also mandates the creation of national and companyspecific Do Not Call lists and regulates telemarketing faxes. 7 To ensure compliance, the TCPA creates a private right of action. A plaintiff can recover $500 in statutory damages for each violation of the Act and $1,500 in damages for a willful or knowing violation. 8 Congress granted the Commission authority to prescribe regulations to implement the requirements of the TCPA. 9 The FCC s initial implementing regulations largely tracked the TCPA and were not the subject of much discussion. 10 But the Commission s more recent interpretations of the TCPA s statutory terms have garnered significant interest, particularly from businesses that the interpretations could affect, such as those that communicate with customers by voice calls and text messages. 11 Three such interpretations prior to 2015, which are discussed below, concerned the definition of an ATDS, whether the term call includes text messages, and what constitutes the requisite consent to receive autodialed, artificial or prerecorded calls. ATDS The TCPA defines an ATDS as equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator and to dial such numbers. 12 The FCC first considered the scope of the term capacity in 2003 when asked whether a predictive dialer fell within the statutory definition of ATDS. 13 Although telemarketers had traditionally used telephone dialing equipment that randomly or sequentially generated and dialed phone numbers, predictive dialers utilize stored preprogrammed numbers or numbers sent from computer software, and they enable callers to anticipate when a person will likely answer a call. The FCC found that predictive dialers were ATDSs, stating that in order to be considered an [ATDS], the equipment need only have the capacity to store or produce telephone numbers. 14 So, in effect, the FCC redefined an ATDS and arguably made the definition broader by eliminating the requirement that the equipment have the capacity to store or produce telephone numbers to be called using a random or sequential number generator. In any event, in 2008, the Commission reaffirmed that a predictive dialer is an ATDS, reasoning that the basic function of such dialing equipment, had not changed [they have] the capacity to dial numbers without human intervention and thus fall under the statutory definition of an ATDS. 15 The FCC s inclusion of the without human intervention concept was completely novel and not based on any text in the TCPA. TEXT MESSAGES The plain language of the TCPA prohibits certain types of call[s] but does not address text messages, which is unsurprising given that the Act was enacted long before text messaging 2 Mayer Brown Disconnected: The Telephone Consumer Protection Act at 25 Years Old

3 became popular. In 2003, however, the FCC determined for the first time that both voice calls and text calls to wireless numbers constitute prohibited calls under the [TCPA]. 16 In a 2004 ruling pertaining to the CAN-SPAM Act, the FCC reaffirmed that the prohibition on using [ATDSs] to make calls to wireless phone numbers applies to text messages (e.g., phoneto-phone SMS), as well as voice calls. 17 This interpretation of the TCPA significantly expanded the scope of the type of calls that would be prohibited under the TCPA. CONSENT TO RECEIVE CALLS Neither the text of the TCPA nor its legislative history addresses the form by which prior express consent for calls is established or revoked. In 1992, the FCC recognized that consumers who knowingly release their phone numbers have in effect given their invitation or permission to be called at the number which they have given, 18 and the FCC applied this principle in a 2008 Declaratory Ruling in which it found that the provision of a cell phone number to a creditor reasonably evidences consent by the cell phone subscriber to be contacted at that number regarding the debt. 19 Otherwise, prior to 2015, the FCC [left] it to the caller to determine, when making an autodialed or prerecorded non-telemarketing call to a wireless number, whether to rely on oral or written consent in complying with the statutory consent requirement 20 and refrained from addressing the issue of revoking consent for non-telemarketing calls. In 2012, the Commission established a new regime for telemarketing calls, requiring, among other things, that callers receive prior express written consent for these calls to wireless numbers and residential lines by physical or electronic signature and that the calls include an opt-out mechanism so that a consumer can easily revoke that consent. 21 THE FCC S 2015 DECLARATORY RULING Twenty-one parties petitioned the FCC to clarify or revise some of its interpretations discussed above, as well as other ambiguities that had been seized upon by plaintiffs as the basis for liability under the TCPA. On July 10, 2015, a divided Commission issued the 2015 Declaratory Ruling to resolve those petitions. 22 In the ruling, the Commission purported to clarify its definition of an ATDS and its view on liability for wrongnumber calls placed to reassigned wireless numbers, and it attempted to create a regime for revoking consent to receive non-telemarketing calls. Despite the FCC s efforts, its ruling created more uncertainty and raised concerns about new and impractical compliance obligations. Accordingly, all three of the described issues are the subject of the pending challenge in the D.C. Circuit. 23 ATDS In many TCPA lawsuits, plaintiffs assert that equipment that literally cannot dial random or sequential numbers nonetheless qualifies as an ATDS, because it theoretically could be reconfigured to do so. Under the FCC s refined definition in the 2015 Declaratory Ruling, an ATDS is a device that has the capacity to generate random or sequential numbers and dial such numbers automatically so long as it has the potential ability to do so, either innately or through hardware or software modifications. 24 In their appeal of the ruling, the petitioners argue, among other things, that, contrary to the Commission s interpretation, equipment must have the present ability to generate random or sequential numbers and to dial such numbers automatically in order to be considered an ATDS under the text of the TCPA. In particular, the petitioners contend that the Commission s interpretation of an ATDS is unreasonable and lacks meaningful limiting principles. 25 Relying heavily on the 3 Mayer Brown Disconnected: The Telephone Consumer Protection Act at 25 Years Old

4 statements filed by the dissenting members of the FCC, they argue that the potential functionalities test proposed by the FCC might cover pretty much any calling device or software-enable featured, including smartphones, tablets and VoIP telephones, because it is trivial to download an app, update software, or write a few lines of codes that would modify the device s software to dial random or sequential numbers. To emphasize this point, the petitioners quipped that the test is so expansive, the FCC had to use a rotary phone as an example of a technology that would be not be covered under the TCPA. 26 They maintain that the text of the TCPA and the context in which the term capacity is used in the Act indicate that Congress intended that the question of whether or not equipment is an ATDS be determined by considering what the equipment can do in its present and unmodified state. 27 Indeed, this seems to be the only reasonable interpretation of the Act. WRONG NUMBER CALLS Another issue of increasing importance in TCPA cases is the treatment of wrong-number calls, where the business places a call trying to reach an individual who has consented to receive the call only to reach someone else entirely, either because the phone number had been reassigned or misidentified by the initial consumer. The most natural reading of the Act is that the intended recipient is the party whose consent must be obtained to place a call, as it is impossible to know in advance who actually might answer any given call. Nonetheless, in its 2015 Declaratory Ruling, the Commission decided that the TCPA prohibits autodialed calls to reassigned wireless numbers when the current subscriber to or customary user of the number has not consented, subject to a limited, one-call exception for cases in which the caller does not have actual or constructive knowledge of the reassignment. 28 In the challenge to the 2015 Declaratory Ruling, the petitioners urge the D.C. Circuit to require the FCC to adopt an expected recipient definition for a called party to avoid liability based on a transferred mobile phone number that could not have been discovered before the call. 29 The petitioners also point out that the Commission s one free call exception is insufficient, because the caller cannot discover that the subscriber has changed before the first call and might not learn of the reassignment during the call because, as the Commission... recognized, a single call to a reassigned number will [not] always be sufficient for callers to gain actual knowledge of the reassignment especially when that first call is not answered. 30 More fundamentally, the FCC s one-free-bite rule has no mooring in the statutory text; the very fact that the FCC was compelled to create this exception from whole cloth suggests that its interpretation is not one that Congress intended. REVOCATION OF CONSENT A third issue that had been the subject of considerable controversy in TCPA cases is whether individuals who have consented to receive autodialed non-telemarketing or informational calls may retract their consent and, if so, whether contractual provisions that specify how consent may be rescinded (e.g., by calling a certain number) are enforceable. In its 2015 Declaratory Ruling, the FCC concluded that a consumer s prior express consent may be revoked through any means that is reasonable under the totality of facts and circumstances and that the callers and consumers may not agree to a more limited means of revocation. 31 The petitioners have argued to the D.C. Circuit that this approach is unworkable because the degree of individualization created by the Commission s proposed regime is impracticable and deprives callers of the ability to craft efficient and reliable mechanisms for receiving and processing revocations Mayer Brown Disconnected: The Telephone Consumer Protection Act at 25 Years Old

5 One problem with this regime (or the lack thereof) is that businesses cannot effectively determine in advance whether a customer s interaction with a particular employee will later be considered a reasonable medium for revoking consent. For instance, customers theoretically could tell the pizza-delivery guy that they no longer wish to receive promotional text, or they could tell their cable installer that they no longer want to receive informational calls about outages. 33 Treating these informal interactions as proper revocation would present a major problem for most businesses because they typically train only particular customer service agents to deal with revocation of consent, not every employee who interacts with customers in some manner. What Is Next for Businesses? Briefing in the appeal ended on February 24, 2016, and the oral argument should be scheduled shortly. If the D.C. Circuit rules for the petitioners, either in whole or in part, barring a petition for Supreme Court review, the FCC will be sent back to the drawing board on implementing regulations regarding the issues raised in the appeal. If, on the other hand, the D.C. Circuit (or the Supreme Court) determines that the interpretations of the TCPA reflected in the 2015 Declaratory Ruling are permissible constructions of the Act, affected businesses may want to reevaluate their TCPA compliance practices. In the meantime, businesses currently litigating TCPA cases involving issues raised in the appeal might consider seeking a stay pending a ruling on the appeal. At the very least, businesses targeted by TCPA lawsuits in which the plaintiffs seek to impose liability on the basis of the FCC s positions in the 2015 Declaratory Ruling should be sure to preserve challenges to those positions. For more information, please contact one of the following lawyers. Charles E. Harris, II Howard W. Waltzman Angela E. Giancarlo Endnotes 1 Pub. L. No , 105 Stat. 2394, 2 (Dec. 20, 1991). 2 See S. Rep. No (1991) 3 Webrecon LLC, Debt Collection Litigation & CFPB Complaint Statistics, Dec 2015 & Year in Review, available at https://dev.webrecon.com/out-like-a-lion- debt-collection-litigation-cfpb-complaint-statistics-dec year-in-review/ (last visited Feb. 8, 2016). 4 Gehrich v. Chase Bank USA, 12 C 5510, 2016 WL , slip op. at *7 (N.D. Ill. Mar. 2, 2016) 5 Most notably in the health care context. See 47 U.S.C. 227(b)(2); 47 C.F.R (a)(2) (effective Oct. 16, 2013) U.S.C. 227(b)(1)(A)(iii) U.S.C. 227(b)(1)(C) (junk faxes); 47 C.F.R (Do-Not-Call Registry). 8 Id. 227(b)(3). 9 Id. 227(b)(2). 10 Id (f)(1). For instance, the implementing regulations stated that [n]o person may [i]nitiate any [non-emergency] telephone call... using an [ATDS] or artificial or prerecorded voice, without prior express consent, to a wireless telephone. And they define the terms ATDS and autodialer as equipment which has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers. 11 E.g., Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 FCC Rcd. 7961, ( 2015 Declaratory Ruling ). 12 Id. 227(a)(1). Generally, [a]n agency s interpretation of a statute it administers commands deference, regardless 5 Mayer Brown Disconnected: The Telephone Consumer Protection Act at 25 Years Old

6 of whether it emerges as a result of an adjudicative proceedings or a rulemaking process. City of Chicago v. F.C.C., 199 F.3d 424, 429 (7th Cir. 1999). 13 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 18 FCC Rcd , , (2003) ( 2003 Report and Order ). 14 Id. at , 133 (emphasis added). 15 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling, 23 FCC Rcd. 559, (2008) ( 2008 Declaratory Ruling ) Report and Order at (emphasis added). 17 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003; Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 19 FCC Rcd , (2004) (emphasis added). 18 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 7 FCC Rcd. 8753, (1992) Declaratory Ruling at (2008). 20 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 27 FCC Rcd. 1830, (2012) (emphasis added). 21 Id. at (emphasis added). Mayer Brown is a global legal services organization advising many of the world s largest companies, including a significant proportion of the Fortune 100, FTSE 100, CAC 40, DAX, Hang Seng and Nikkei index companies and more than half of the world s largest banks. Our legal services include banking and finance; corporate and securities; litigation and dispute resolution; antitrust and competition; US Supreme Court and appellate matters; employment and benefits; environmental; financial services regulatory & enforcement; government and global trade; intellectual property; real estate; tax; restructuring, bankruptcy and insolvency; and wealth management. Please visit our web site for comprehensive contact information for all Mayer Brown offices. Any advice expressed herein as to tax matters was neither written nor intended by Mayer Brown LLP to be used and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed under US tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then (i) the advice was written to support the promotion or marketing (by a person other than Mayer Brown LLP) of that transaction or matter, and (ii) such taxpayer should seek advice based on the taxpayer s particular circumstances from an independent tax advisor. Mayer Brown comprises legal practices that are separate entities (the Mayer Brown Practices ). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC ); Mayer Brown, a SELAS established in France; Mayer Brown Mexico, S.C., a sociedad civil formed under the laws of the State of Durango, Mexico; Mayer Brown JSM, a Hong Kong partnership and its associated legal practices in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. Mayer Brown Consulting (Singapore) Pte. Ltd and its subsidiary, which are affiliated with Mayer Brown, provide customs and trade advisory and consultancy services, not legal services. Mayer Brown and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions. Mayer Brown and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions. This publication provides information and comments on legal issues and developments of interest to our clients and friends. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek legal advice before taking any action with respect to the matters discussed herein The Mayer Brown Practices. All rights reserved. 22 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 FCC Rcd (2015) ( 2015 Declaratory Ruling ). 23 No (D.C. Cir.) Declaratory Ruling at (emphasis added). 25 Petitioners Br. I.A-B (quoting 2015 Declaratory Ruling at 8075 (Pai, Dissenting)). 26 Id. at Id. at Declaratory Ruling at Petitioners Br. II.A Id. at 52 (quoting 2015 Declaratory Ruling at 8010, n. 312) Declaratory Ruling at , 7997, n Id. at Id. 6 Mayer Brown Disconnected: The Telephone Consumer Protection Act at 25 Years Old

Section 546(e) a Key Protection. Legal Update December 11, 2014

Section 546(e) a Key Protection. Legal Update December 11, 2014 Legal Update December 11, 2014 United States Court of Appeals for Second Circuit Holds that Section 546(e) Safe Harbor Protects from Avoidance Transfers of Fictitious Profits in Connection with Madoff

More information

Protecting Americans from Tax Hikes Act of 2015: Effects on Taxation of Investment in US Real Estate

Protecting Americans from Tax Hikes Act of 2015: Effects on Taxation of Investment in US Real Estate Legal Update December 21, 2015 Protecting Americans from Tax Hikes Act of 2015: Effects on Taxation of Investment in On December 18, 2015, Congress passed and President Obama signed into law the Protecting

More information

Out-of-the-Money: The IRS Designates Basket Options as Listed Transactions and Transactions of Interest

Out-of-the-Money: The IRS Designates Basket Options as Listed Transactions and Transactions of Interest Legal Update July 24, 2015 Out-of-the-Money: The IRS Designates Basket Options as Listed Transactions and It s been a long hard road for barrier options. In 2010, the Internal Revenue Service (the IRS

More information

IRS Issues Revised Guidance on Form W-2 Reporting Requirements for Costs of Employer Group Health Coverage

IRS Issues Revised Guidance on Form W-2 Reporting Requirements for Costs of Employer Group Health Coverage Legal Update January 23, 2012 IRS Issues Revised Guidance on Form W-2 Reporting Requirements for The Patient Protection and Affordable Care Act of 2010 (PPACA) requires employers to report the aggregate

More information

Lehman Bankruptcy Court Addresses Scope of the Bankruptcy Code s Safe Harbor for Liquidation, Termination and Acceleration of Swap Agreements

Lehman Bankruptcy Court Addresses Scope of the Bankruptcy Code s Safe Harbor for Liquidation, Termination and Acceleration of Swap Agreements Legal Update January 9, 2014 Lehman Bankruptcy Court Addresses Scope of the Bankruptcy Code s Safe Harbor for Liquidation, Termination and Acceleration of Swap Agreements In Michigan State Housing Development

More information

Pension Scheme Funding in Germany. Private Investment Funds Practice Discussion Papers

Pension Scheme Funding in Germany. Private Investment Funds Practice Discussion Papers Pension Scheme Funding has become a must for corporates in the German marketplace. The need to optimize investment of pension assets means there are far-reaching opportunities for financial institutions.

More information

Can I Text My Customer? Recent FCC Rulings Under the TCPA. Jonathan Thessin, Senior Counsel American Bankers Association

Can I Text My Customer? Recent FCC Rulings Under the TCPA. Jonathan Thessin, Senior Counsel American Bankers Association Can I Text My Customer? Recent FCC Rulings Under the TCPA Jonathan Thessin, Senior Counsel American Bankers Association aba.com 1-800-BANKERS Background The Telephone Consumer Protection Act (TCPA) prohibits

More information

IRS Provides Guidance on Beginning of Construction for Renewable Energy Projects

IRS Provides Guidance on Beginning of Construction for Renewable Energy Projects Legal Update April 16, 2013 IRS Provides Guidance on Beginning of Construction for Renewable Energy Projects On April 15, 2013, the US Internal Revenue Service (the IRS) released Notice 2013-29 1 (the

More information

Addressing UBTI Concerns in Capital Call Subscription Credit Facilities

Addressing UBTI Concerns in Capital Call Subscription Credit Facilities Legal Update November 2012 Addressing UBTI Concerns in Capital Call Subscription Credit Facilities A subscription credit facility (a Facility), also frequently referred to as a capital call facility, is

More information

Spring 2015 reforms: the new DC flexibilities

Spring 2015 reforms: the new DC flexibilities Spring 2015 reforms: the new DC flexibilities THE REFORMS AT A GLANCE y Until April 2015, members usually faced serious tax penalties if they did not spend at least 75% of their DC pots on an annuity meeting

More information

Perspectives on Cybersecurity and Its Legal Implications

Perspectives on Cybersecurity and Its Legal Implications Survey Results 2015 Perspectives on Cybersecurity and Its Legal Implications a 2015 survey of corporate executives The National Institute of Standards and Technology (NIST), a non-regulatory agency of

More information

Long-Expected Omnibus HIPAA Rule Implements Significant Privacy and Security Regulations for Entities and Business Associates

Long-Expected Omnibus HIPAA Rule Implements Significant Privacy and Security Regulations for Entities and Business Associates Legal Update February 11, 2013 Long-Expected Omnibus HIPAA Rule Implements Significant Privacy and Security Regulations for Entities and Business Associates On January 17, 2013, the Department of Health

More information

The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015

The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015 The Telephone Consumer Protection Act: Compliance Developments and What to Expect in 2015 November 2014 Mark W. Brennan, Partner Overview Overview of the TCPA Recent Developments Issues to Watch What You

More information

Text Messages under the Telephone Consumer Protection Act White Paper

Text Messages under the Telephone Consumer Protection Act White Paper INTRODUCTION The use of text messages in communicating with a health plan participant or patient may implicate the federal law known as the Telephone Consumer Protection Act (TCPA). The Federal Communications

More information

Maybe You Can t Hear Me Now: Autodialer Restrictions

Maybe You Can t Hear Me Now: Autodialer Restrictions Maybe You Can t Hear Me Now: Autodialer Restrictions Child support programs across the county are considering various new technologies to enhance collections and services. The federal Office of Child Support

More information

FCC PROVIDES ADDITIONAL CLARITY ABOUT RULES UNDER THE TELEPHONE CONSUMER PROTECTION ACT

FCC PROVIDES ADDITIONAL CLARITY ABOUT RULES UNDER THE TELEPHONE CONSUMER PROTECTION ACT August 3, 2015 FCC PROVIDES ADDITIONAL CLARITY ABOUT RULES UNDER THE TELEPHONE CONSUMER PROTECTION ACT The Issue: On July 10, the Federal Communications Commission (FCC) released an order addressing a

More information

Recent Developments in TCPA Litigation. April 5, 2013 Aaron Van Oort Eileen Hunter Erin Hoffman

Recent Developments in TCPA Litigation. April 5, 2013 Aaron Van Oort Eileen Hunter Erin Hoffman Recent Developments in TCPA Litigation April 5, 2013 Aaron Van Oort Eileen Hunter Erin Hoffman Why Pay Attention To The TCPA? 2 TCPA Arithmetic: Banks More Debtors + More Cell Phones + $500-$1500 Statutory

More information

CLIENT MEMORANDUM. New Federal Communication Commission Rule for Autodialed and Prerecorded Message Telemarketing Calls and Abandoned Call Provisions

CLIENT MEMORANDUM. New Federal Communication Commission Rule for Autodialed and Prerecorded Message Telemarketing Calls and Abandoned Call Provisions CLIENT MEMORANDUM From: West Corporation Re: New Federal Communication Commission Rule for Autodialed and Prerecorded Message Telemarketing Calls and Abandoned Call Provisions Date: February 17, 2012 Federal

More information

Major Changes Introduced by the New Companies Ordinance Companies Limited by Guarantee 1

Major Changes Introduced by the New Companies Ordinance Companies Limited by Guarantee 1 Major s Introduced by the New Companies Ordinance Companies Limited by Guarantee 1 1. Abolition of Memorandum of Association Memorandum of Association is abolished for all local companies. Current provisions

More information

Case 2:14-cv-00421-MJP Document 40 Filed 01/06/15 Page 1 of 6

Case 2:14-cv-00421-MJP Document 40 Filed 01/06/15 Page 1 of 6 Case :-cv-00-mjp Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 KENNETH WRIGHT, CASE NO. C- MJP v. Plaintiff, ORDER GRANTING DEFENDANT S MOTION TO

More information

Before the Federal Communications Commission Washington, D.C.

Before the Federal Communications Commission Washington, D.C. Before the Federal Communications Commission Washington, D.C. In the Matter of ) ) ) Rules and Regulations Implementing the ) Telephone Consumer Protection Act of 1991 ) CG Docket No. 02-278 ) Petition

More information

The Ninth Circuit Holds That Text Messages Are Subject to a Telemarketing Law

The Ninth Circuit Holds That Text Messages Are Subject to a Telemarketing Law The Ninth Circuit Holds That Text Messages Are Subject to a Telemarketing Law By Gonzalo E. Mon Gonzalo E. Mon is an attorney in Kelley Drye & Warren s advertising and marketing law practice. He can be

More information

Major Changes Introduced by the New Companies Ordinance Private and Public Companies 1

Major Changes Introduced by the New Companies Ordinance Private and Public Companies 1 Major s Introduced by the New Companies Ordinance Private and Public Companies 1 1. Abolition of Memorandum of Association Memorandum of Association is abolished for all local companies. Current provisions

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) DECLARATORY RULING

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) DECLARATORY RULING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 Request of ACA International for Clarification

More information

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act The Telephone Consumer Protection Act Recent Developments in Litigation, Regulation and Insurance Coverage June 13, 2013 Presenters Henry Pietrkowski Partner Chicago +1 312 207 3904 hpietrkowski@reedsmith.com

More information

New TCPA Order Holds Few Bright Spots For Businesses

New TCPA Order Holds Few Bright Spots For Businesses Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com New TCPA Order Holds Few Bright Spots For Businesses

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN LENNETT GENSEL, Plaintiff, -vs- Case No. 13-C-1196 PERFORMANT TECHNOLOGIES, Inc., Defendant. DECISION AND ORDER On January 28, 2015, the Court

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA. Plaintiff 2:14-cv-2081-RMG. Case No. vs. CLASS ACTION COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA. Plaintiff 2:14-cv-2081-RMG. Case No. vs. CLASS ACTION COMPLAINT 2:14-cv-02081-RMG Date Filed 05/29/14 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA MARK FITZHENRY, individually and on behalf of a class of all persons

More information

Client Update FCC Both Eases and Tightens TCPA Rules

Client Update FCC Both Eases and Tightens TCPA Rules 1 Client Update FCC Both Eases and Tightens TCPA Rules NEW YORK Matthew L. Biben mlbiben@debevoise.com Courtney M. Dankworth cmdankworth@debevoise.com Steven S. Michaels ssmichaels@debevoise.com Harriet

More information

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits LeadsCouncil December 11, 2012 2 pm 3 pm ET Webinar Ari N. Rothman, Esq., Co-Presenter Molly T. Cusson, Esq., Co-Presenter Jonathan

More information

Update on TCPA Requirements for Text Messages and Best Practices

Update on TCPA Requirements for Text Messages and Best Practices Update on TCPA Requirements for Text Messages and Best Practices ESPC Annual Meeting September 9, 2015 Heather Zachary Agenda Background on the Telephone Consumer Protection Act Past TCPA Orders by the

More information

TCPA. The Telephone Consumer Protection Act (47 U.S.C. 227), regulations promulgated at 47 CFR 64.1200. Jackson Lewis P.C. www.jacksonlewis.

TCPA. The Telephone Consumer Protection Act (47 U.S.C. 227), regulations promulgated at 47 CFR 64.1200. Jackson Lewis P.C. www.jacksonlewis. The Telephone Consumer Protection Act (47 U.S.C. 227), regulations promulgated at 47 CFR 64.1200 TCPA www.jacksonlewis.com ABOUT JACKSON LEWIS Founded in 1958, Jackson Lewis is dedicated to representing

More information

Rare Bird Sightings: Recent Developments Address Distressed Obligation Issues Faced by REMICs

Rare Bird Sightings: Recent Developments Address Distressed Obligation Issues Faced by REMICs Article Rare Bird Sightings: Recent Developments Address Distressed Obligation Issues Faced by REMICs By Russell Nance, Erin Gladney and Mark Leeds For more than 30 years, tax practitioners working with

More information

Information Disclosure on the Securities Market

Information Disclosure on the Securities Market 3 Legal Update Banking & Finance Construction & Engineering Corporate & Securities Vietnam 06 July 2012 Information Disclosure on the Securities Market Summary On 5 April 2012, the Ministry of Finance

More information

Health Care Entities Get Clarity from FCC on Telephone Communications

Health Care Entities Get Clarity from FCC on Telephone Communications 10 August 2015 Practice Group(s): Health Care Telecom, Media and Technology Health Care Entities Get Clarity from FCC on Telephone Communications By Martin L. Stern, Samuel R. Castic, Ryan J. Severson

More information

Wrong Number: Hot Topics In TCPA Compliance & Litigation

Wrong Number: Hot Topics In TCPA Compliance & Litigation Wrong Number: Hot Topics In TCPA Compliance & Litigation Yaron Dori Covington & Burling LLP Nancy Thomas Morrison & Foerster LLP Julie O Neill Morrison & Foerster LLP International Association of Privacy

More information

Giving Third Parties Contractual Rights The New Rules

Giving Third Parties Contractual Rights The New Rules Legal Update Hong Kong 3 June 2015 Giving Third Parties Contractual Rights The New Rules Hong Kong s Contracts (Rights of Third Parties) Ordinance No.17 of 2014 (the Ordinance ) was passed in December

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CIVIL MINUTES - GENERAL Case No. CV14-2060-CAS(CWx) Date December 17, 2015

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CIVIL MINUTES - GENERAL Case No. CV14-2060-CAS(CWx) Date December 17, 2015 Case 2:14-cv-02060-CAS-CW Document 52 Filed 12/17/15 Page 1 of 9 Page ID #:768 Present: The Honorable CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE CONNIE LEE Not Present N/A Deputy Clerk Court Reporter / Recorder

More information

TERMINATION PAYMENTS AND INTERNATIONALLY MOBILE EMPLOYEES

TERMINATION PAYMENTS AND INTERNATIONALLY MOBILE EMPLOYEES Article A similar version of this article first appeared in tax Journal, 18 November 2013 TERMINATION PAYMENTS AND INTERNATIONALLY By James Hill Speed Read: The taxation of termination payments paid to

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 1 1 1 1 1 1 1 1 0 1 LAW OFFICES OF RONALD A. MARRON RONALD A. MARRON (SBN 10) ron@consumersadvocates.com ALEXIS WOOD (SBN 000) alexis@consumersadvocates.com KAS GALLUCCI (SBN 0) kas@consumersadvocates.com

More information

jurisdiction is DENIED and plaintiff s motion for leave to amend is DENIED. BACKGROUND

jurisdiction is DENIED and plaintiff s motion for leave to amend is DENIED. BACKGROUND IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 1 1 1 1 TRICIA LECKLER, on behalf of herself and all others similarly situated v. Plaintiffs, CASHCALL, INC., Defendant. /

More information

The Volcker Rule Application to Securitization Transactions

The Volcker Rule Application to Securitization Transactions Legal Update December 19, 2013 The Volcker Rule Application to Securitization Transactions The federal financial agencies on December 10, 2013, approved joint final regulations (the Final Regulation )

More information

Telephone Consumer Protection Act Advocacy Update

Telephone Consumer Protection Act Advocacy Update Telephone Consumer Protection Act Advocacy Update 2014 National Council of Higher Education Resources (NCHER) Knowledge Symposium November 4, 2014 Jason Goldman Senior Telecommunications Policy Counsel

More information

Continue reading to better understand the rules as they apply to automobile dealerships in the United States.

Continue reading to better understand the rules as they apply to automobile dealerships in the United States. 2016 TCPA Texting Rules TCPA Texting Rules Every Car Dealership Needs to Know advantage txt. - Providing your customers the communication options they demand. Today s reality regarding real time communication

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs, v. MEMORANDUM AND ORDER. Defendant.

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs, v. MEMORANDUM AND ORDER. Defendant. CASE 0:14-cv-00062-PAM-JSM Document 26 Filed 06/09/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Caleb Trainor and Isaac Trainor, on behalf of themselves and all others similarly situated,

More information

DISCLAIMER. Two important things to note: Thanks for your Cooperation!

DISCLAIMER. Two important things to note: Thanks for your Cooperation! DISCLAIMER Two important things to note: The materials in this Presentation are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised

More information

The US Consumer Financial Protection Bureau s Abusive Standard Early Lessons

The US Consumer Financial Protection Bureau s Abusive Standard Early Lessons Legal Update February 12, 2015 The US Consumer Financial Protection Bureau s Abusive Standard Early Lessons The Dodd-Frank Act granted the Consumer Financial Protection Bureau (CFPB or Bureau) the authority

More information

Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratio

Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratio Legal Update December 20, 2013 Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratio On November 29, 2013, the Board of Governors of the Federal Reserve System (FRB), the

More information

NCHER Winter Legal Meeting TCPA Litigation Update. Robert G. Cameron rcameron@pheaa.org

NCHER Winter Legal Meeting TCPA Litigation Update. Robert G. Cameron rcameron@pheaa.org NCHER Winter Legal Meeting TCPA Litigation Update Robert G. Cameron rcameron@pheaa.org Overall Litigation Trend Do not do indirectly what is prohibited directly. Consumer protection statutes are being

More information

Hot Topics in TCPA Litigation. Materials prepared 6/26/2013 Maurice & Needleman, P.C.

Hot Topics in TCPA Litigation. Materials prepared 6/26/2013 Maurice & Needleman, P.C. Hot Topics in TCPA Litigation Materials prepared 6/26/2013 Joann Needleman joann@mnlawpc.com Twitter: @jneedleman Admitted: PA, NJ Law & Politics Magazine Top 50 Female Lawyers in Pennsylvania President

More information

Case 1:13-cv-11944 Document 1 Filed 08/13/13 Page 1 of 9 : : : : : : : : : : :

Case 1:13-cv-11944 Document 1 Filed 08/13/13 Page 1 of 9 : : : : : : : : : : : Case 113-cv-11944 Document 1 Filed 08/13/13 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Robert Pegg, on behalf of himself and all others similarly situated, v. Plaintiff, Collecto,

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Rules and Regulations Implementing the ) CG Docket No. 02-278 Telephone Consumer Protection Act of 1991 ) ) REPLY

More information

On the Line Consenting To A New Way Of Lead Generation Under The TCPA

On the Line Consenting To A New Way Of Lead Generation Under The TCPA Ifrah Law Whitepaper On the Line Consenting To A New Way Of Lead Generation Under The TCPA IfrahLaw Hands-on Counsel, Gloves-off Litigation PREPARED BY: Rachel Hirsch 1717 Pennsylvania Ave, N.W., Suite

More information

3:16-cv JFA Date Filed 08/11/16 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

3:16-cv JFA Date Filed 08/11/16 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA 3:16-cv-02809-JFA Date Filed 08/11/16 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA MARK FITZHENRY, individually and on behalf of a class of all persons

More information

Case 1:12-cv-06677-JSR Document 77 Filed 09/16/14 Page 1 of 8

Case 1:12-cv-06677-JSR Document 77 Filed 09/16/14 Page 1 of 8 Case 1:12-cv-06677-JSR Document 77 Filed 09/16/14 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------x EDWARD ZYBURO, on behalf of himself and all

More information

Structured Finance PRACTICE HIGHLIGHTS

Structured Finance PRACTICE HIGHLIGHTS Structured Finance PRACTICE HIGHLIGHTS The Practice Mayer Brown is the only firm that is able to provide true depth and quality of service to clients in structured finance transactions across the Americas,

More information

Intellectual Property & Data Protection 2015: Legal developments you need to know about

Intellectual Property & Data Protection 2015: Legal developments you need to know about Intellectual Property & Data Protection 2015: Legal developments you need to know about Welcome This is a short guide to some of the key legal developments for intellectual property and data protection

More information

MEMORANDUM. Express Consent Requirement for Delivery of Recorded Messages

MEMORANDUM. Express Consent Requirement for Delivery of Recorded Messages MEMORANDUM DATE: August 26, 2008 RE: Express Consent Requirement for Delivery of Recorded Messages The following sets forth the individual state and federal requirements regarding express consent for the

More information

Marketing: Practical Tips for CAN-SPAM Act Compliance

Marketing: Practical Tips for CAN-SPAM Act Compliance Boston Chicago New Jersey New York Orange County Philadelphia E-mail Marketing: Practical Tips for CAN-SPAM Act Compliance One of the most persuasive forms of advertising is direct marketing, which consists

More information

2:15-cv-00201-DCN Date Filed 01/15/15 Entry Number 1 Page 1 of 22

2:15-cv-00201-DCN Date Filed 01/15/15 Entry Number 1 Page 1 of 22 2:15-cv-00201-DCN Date Filed 01/15/15 Entry Number 1 Page 1 of 22 IN THE UNITED STATES DISTRICT C O U R T DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION LINDA KENZIK, individually and on behalf of others

More information

China s New Trademark Law Introduces Key Changes

China s New Trademark Law Introduces Key Changes Legal Update Intellectual Property Mainland China 13 September 2013 China s New Trademark Law Introduces Key Changes The PRC government passed a decision to amend the PRC Trademark Law on 30 August 2013.

More information

2nd Annual Venable Advertising Law Symposium. Minding Your TCPAs. Ellen Traupman Berge, Venable LLP. 2015 Venable LLP

2nd Annual Venable Advertising Law Symposium. Minding Your TCPAs. Ellen Traupman Berge, Venable LLP. 2015 Venable LLP 2nd Annual Venable Advertising Law Symposium Minding Your TCPAs Ellen Traupman Berge, Venable LLP Agenda TCPA Overview Focus on Calls/Texts to Cell Phones Non-Marketing Calls: The Prior Express Consent

More information

The Virginia Joint Commission. on Technology and Science

The Virginia Joint Commission. on Technology and Science TO: FROM: SUBJECT: JCOTS CYBERCRIMES ADVISORY COMMITTEE PATRICK CUSHING, JOINT COMMISSION ON TECH NOLOGY AND SCIENCE HB 1354 - WIRELESS DEVICES; UNSOLICITED MESSAGES AND IMAGES SENT THERETO; PENALTY DATE:

More information

TCPA AND WIRELESS MARKETING AT THE FCC, THE FTC, AND IN THE COURTS. William B. Baker Wiley Rein LLP September 19, 2014 San Jose

TCPA AND WIRELESS MARKETING AT THE FCC, THE FTC, AND IN THE COURTS. William B. Baker Wiley Rein LLP September 19, 2014 San Jose TCPA AND WIRELESS MARKETING AT THE FCC, THE FTC, AND IN THE COURTS William B. Baker Wiley Rein LLP September 19, 2014 San Jose Why You Should Care Hundreds of lawsuits Hundreds of $millions in payouts

More information

Crossing Borders New Guidance on the Transfer of Personal Data outside Hong Kong

Crossing Borders New Guidance on the Transfer of Personal Data outside Hong Kong Legal Update Privacy & Security Hong Kong 20 January 2015 Crossing Borders New Guidance on the Transfer of Personal Data outside Hong Kong Section 33 of the Hong Kong Personal Data (Privacy) Ordinance

More information

Petition for Declaratory Ruling filed by Communication Innovators (CG Docket No. 02-278)

Petition for Declaratory Ruling filed by Communication Innovators (CG Docket No. 02-278) November 15, 2012 Commission s Secretary Office of the Secretary Federal Communications Commission 445 12 th Street, SW Washington, DC 20554 Re: Petition for Declaratory Ruling filed by Communication Innovators

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case: 1:10-cv-00117 Document #: 114 Filed: 11/08/10 Page 1 of 11 PageID #:1538 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION BRIANNA GREENE, on behalf of ) herself and others

More information

Leveraging on Free Trade Agreements iadvisory Seminar Series: Doing Business in the Philippines November 12, 2014

Leveraging on Free Trade Agreements iadvisory Seminar Series: Doing Business in the Philippines November 12, 2014 Leveraging on Free Trade Agreements iadvisory Seminar Series: Doing Business in the Philippines November 12, 2014 presented by: WONG CHIAN VOEN Mayer Brown Consulting Mayer Brown is a global legal services

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) DECLARATORY RULING

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) ) ) DECLARATORY RULING Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westfax, Inc. Petition for Consideration and Clarification Rules and Regulations Implementing the Telephone Consumer

More information

Making Sense of the Telemarketing Laws: How the FTC Rule, the FCC Rule, and State Laws Fit Together

Making Sense of the Telemarketing Laws: How the FTC Rule, the FCC Rule, and State Laws Fit Together theantitrustsource www.antitrustsource.com May 2004 1 Making Sense of the Telemarketing Laws: How the FTC Rule, the FCC Rule, and State Laws Fit Together Edward Correia A As most telemarketing companies

More information

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) Rules and Regulations Implementing ) CG Docket No. 02-278 the Telephone Consumer Protection ) Act of 1991 ) Comments

More information

Vietnam s Insurance Market: An Overview January 2014

Vietnam s Insurance Market: An Overview January 2014 Legal Update Insurance Vietnam 29 January 2014 Vietnam s Insurance Market: An Overview January 2014 1. Introduction Vietnam started liberalising its insurance market by allowing foreign insurers to participate

More information

Case 9:13-cv-80670-DPG Document 4 Entered on FLSD Docket 07/11/2013 Page 1 of 8

Case 9:13-cv-80670-DPG Document 4 Entered on FLSD Docket 07/11/2013 Page 1 of 8 Case 9:13-cv-80670-DPG Document 4 Entered on FLSD Docket 07/11/2013 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:13-cv-80670-KAM AJA DE LOS SANTOS, an individual, on

More information

(1) The term automatic telephone dialing system means equipment which has the capacity

(1) The term automatic telephone dialing system means equipment which has the capacity Telephone Consumer Protection Act 47 U.S.C. 227 SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT (a) DEFINITIONS. As used in this section (1) The term automatic telephone dialing

More information

FCC s Amendments to the Telephone Consumer Protection Act ( TCPA )

FCC s Amendments to the Telephone Consumer Protection Act ( TCPA ) {00141492;v1}{00127001;v7}{00127001;v6} FCC s Amendments to the Telephone Consumer Protection Act ( TCPA ) Mitchell N. Roth, Esquire Roth Doner Jackson, PLC 8200 Greensboro Drive, Suite 820 McLean, Virginia

More information

Case 0:14-cv-61899-WJZ Document 1 Entered on FLSD Docket 08/19/2014 Page 1 of 10

Case 0:14-cv-61899-WJZ Document 1 Entered on FLSD Docket 08/19/2014 Page 1 of 10 Case 0:14-cv-61899-WJZ Document 1 Entered on FLSD Docket 08/19/2014 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IRESTORE REPAIR AND ) WIRELESS, LLC, on behalf

More information

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) REPORT AND ORDER

Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) ) ) ) REPORT AND ORDER Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Implementation of the Middle Class Tax Relief and Job Creation Act of 2012 Establishment of a Public Safety Answering

More information

Case: 1:12-cv-10064 Document #: 19 Filed: 02/28/13 Page 1 of 19 PageID #:193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Case: 1:12-cv-10064 Document #: 19 Filed: 02/28/13 Page 1 of 19 PageID #:193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Case: 1:12-cv-10064 Document #: 19 Filed: 02/28/13 Page 1 of 19 PageID #:193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN RE CAPITAL ONE TELEPHONE CONSUMER LITIGATION ACT

More information

Page 1. No. 14-10414 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. 2015 U.S. App. LEXIS 14632. August 20, 2015, Decided

Page 1. No. 14-10414 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. 2015 U.S. App. LEXIS 14632. August 20, 2015, Decided Page 1 JOSEPH B. MURPHY, an individual, on behalf of himself and all others similarly situated, Plaintiff -- Appellant, versus DCI BIOLOGICALS ORLANDO, LLC, a Delaware limited liability company, DCI BIOLOGICALS,

More information

FILED 2012 Dec-05 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA

FILED 2012 Dec-05 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA Case 2:12-cv-04033-JEO Document 1 Filed 12/05/12 Page 1 of 11 FILED 2012 Dec-05 PM 04:01 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN

More information

New York State Department of Financial Services Proposes a BitLicense Regulatory Framework for Virtual Currency Businesses

New York State Department of Financial Services Proposes a BitLicense Regulatory Framework for Virtual Currency Businesses Legal Update August 6, 2014 New York State Department of Financial Services Proposes a BitLicense Regulatory Framework for Virtual Currency Businesses The New York State Department of Financial Services

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:14-cv-00159-NCC Doc. #: 36 Filed: 09/18/14 Page: 1 of 11 PageID #: 346 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOHN PRATER, on behalf of himself ) and others

More information

Technology and IP Forum Back to School Marketing Primer Marketing Through Technology, What is Allowed and What Isn t?

Technology and IP Forum Back to School Marketing Primer Marketing Through Technology, What is Allowed and What Isn t? Technology and IP Forum Back to School Marketing Primer Marketing Through Technology, What is Allowed and What Isn t? 1 SPEAKERS Michelle Cohen Member, Ifrah PLLC Over Two Decades Of Marketing Law Experience,

More information

Case 1:12-cv-01369-JG-VMS Document 37 Filed 10/02/14 Page 1 of 7 PageID #: 341. TODD C. BANK, MEMORANDUM Plaintiff, AND ORDER - versus - 12-cv-1369

Case 1:12-cv-01369-JG-VMS Document 37 Filed 10/02/14 Page 1 of 7 PageID #: 341. TODD C. BANK, MEMORANDUM Plaintiff, AND ORDER - versus - 12-cv-1369 Case 1:12-cv-01369-JG-VMS Document 37 Filed 10/02/14 Page 1 of 7 PageID #: 341 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK FOR ONLINE PUBLICATION TODD C. BANK, MEMORANDUM Plaintiff, AND ORDER

More information

Draft Commercial Arbitration Law for Adoption by the National Assembly in its Imminent Session

Draft Commercial Arbitration Law for Adoption by the National Assembly in its Imminent Session Legal Update Litigation & Dispute Resolution Vietnam 24 May 2010 Draft Commercial Arbitration Law for Adoption by the National Assembly in its Imminent Session This legal update summarises the twenty-second

More information

Case: 1:10-cv-02697 Document #: 65 Filed: 08/16/11 Page 1 of 11 PageID #:659

Case: 1:10-cv-02697 Document #: 65 Filed: 08/16/11 Page 1 of 11 PageID #:659 Case: 1:10-cv-02697 Document #: 65 Filed: 08/16/11 Page 1 of 11 PageID #:659 10-2697.111-RSK August 16, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROSLYN

More information

Case 1:15-cv-13004-GAO Document 1 Filed 07/23/15 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 1:15-cv-13004-GAO Document 1 Filed 07/23/15 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Case 1:15-cv-13004-GAO Document 1 Filed 07/23/15 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS KEITH MATHEWS On behalf of himself and Others similarly situated Plaintiff, Case

More information

Managing Legal Risks: Trends in Mobile, Text Message, Fax, and Telephone TCPA Class Action Litigation

Managing Legal Risks: Trends in Mobile, Text Message, Fax, and Telephone TCPA Class Action Litigation Managing Legal Risks: Trends in Mobile, Text Message, Fax, and Telephone TCPA Class Action Litigation Publication Date: September 2013 Authors: Megan Gajewski & David Zetoony Scope: First and Second Quarters

More information

MANUAL DIALING: NEW ORDER, NEW TECH

MANUAL DIALING: NEW ORDER, NEW TECH MANUAL DIALING: NEW ORDER, NEW TECH Mike Meyer Rozanne Andersen Rip Harris Disclaimer Disclaimer: Ontario Systems is a technology company and provides this presentation solely for general informational

More information

A Quick Start Guide to EMIR: What you need to do and when

A Quick Start Guide to EMIR: What you need to do and when Legal Update January 2013 A Quick Start Guide to EMIR: What you need to do and when On 19 December 2012 the Commission adopted the majority of the subordinate legislation necessary to implement Regulation

More information

Case 2:10-md-02179-CJB-SS Document 14206 Filed 02/19/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * * * * *

Case 2:10-md-02179-CJB-SS Document 14206 Filed 02/19/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * * * * * Case 2:10-md-02179-CJB-SS Document 14206 Filed 02/19/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA In re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico, on

More information

Good faith is there a new implied duty in English contract law?

Good faith is there a new implied duty in English contract law? Legal Update July 2013 Good faith is there a new implied duty in English contract law? Background English law does not currently recognise a universal implied duty on contracting parties to perform their

More information

Case 1:14-cv-10006-WGY Document 1 Filed 01/02/14 Page 1 of 6 : : : : : : : : : : :

Case 1:14-cv-10006-WGY Document 1 Filed 01/02/14 Page 1 of 6 : : : : : : : : : : : Case 114-cv-10006-WGY Document 1 Filed 01/02/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Anthony Clark, v. Plaintiff, Living Scriptures, Inc.; and DOES 1-10, inclusive, Defendants.

More information

A TCPA FOR THE 21 ST CENTURY: WHY TCPA LAWSUITS ARE ON THE RISE AND WHAT THE FCC SHOULD DO ABOUT IT

A TCPA FOR THE 21 ST CENTURY: WHY TCPA LAWSUITS ARE ON THE RISE AND WHAT THE FCC SHOULD DO ABOUT IT A TCPA FOR THE 21 ST CENTURY: WHY TCPA LAWSUITS ARE ON THE RISE AND WHAT THE FCC SHOULD DO ABOUT IT Monica Desai, Ryan King, Maria Wolvin, Maxine Martin Abstract: Litigation related to the Telephone Consumer

More information

VIETNAM: AEC 2015 & BEYOND iadvisory Seminar Series: Doing Business in Vietnam October 14, 2014

VIETNAM: AEC 2015 & BEYOND iadvisory Seminar Series: Doing Business in Vietnam October 14, 2014 VIETNAM: AEC 015 & BEYOND iadvisory Seminar Series: Doing Business in Vietnam October 1, 01 Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the Mayer

More information

FDIC Adopts Interim Rule on Temporary Liquidity Guarantee Program

FDIC Adopts Interim Rule on Temporary Liquidity Guarantee Program Financial Services Regulatory & Enforcement, Global Financial Markets Initiative update FDIC Adopts Interim Rule on Temporary Liquidity Guarantee Program October 24, 2008 On October 23, 2008, the Federal

More information

Advanced Media and Technology Law

Advanced Media and Technology Law Advanced Media and Technology Law ALERT Advertising and Promotions Law JULY 2015 FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing In response to 20 petitions

More information

Case 0:13-cv-61747-RSR Document 4 Entered on FLSD Docket 08/16/2013 Page 1 of 9

Case 0:13-cv-61747-RSR Document 4 Entered on FLSD Docket 08/16/2013 Page 1 of 9 Case 0:13-cv-61747-RSR Document 4 Entered on FLSD Docket 08/16/2013 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0:13-cv-61747-RSR KURT S. SOTO, an individual, on behalf

More information

Telephone Consumer Protection Act for Nonprofits

Telephone Consumer Protection Act for Nonprofits Telephone Consumer Protection Act for Nonprofits The Telephone Consumer Protection Act ( TCPA ) was enacted in 1991 and codified in Section 227 of the Communications Act of 1934. The FCC adopted updated

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Molnar et al v. NCO Financial Systems, Inc. Doc. 1 1 1 1 1 1 1 1 0 1 JEFFREY MOLNAR, ET AL., v. NCO FINANCIAL SYSTEMS, INC., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiffs, Defendant.

More information