The U.S. Supreme Court’s recent decision to grant review of a Telephone Consumer Protection Act class action could have major ramifications for how lower courts interpret the statute going forward. The Court will decide whether lower courts are bound to follow the Federal Communications Commission’s (“FCC”) interpretation of key terms in the statute (terms such as “advertisement”), or whether the lower courts are free to apply their own understanding of the “plain meaning” of the statutory language without regard to whether their interpretation may conflict with the FCC’s interpretation. In short, the FCC’s role as the primary interpreter of the TCPA may be in jeopardy.
Ninth Circuit decision expands the coverage of the TCPA to modern direct marketing systems.
FCC and D.C. Circuit guidance on prior express consent and reassignment of telephone numbers
The FCC seeks public comment on significant TCPA issues in the wake of the D.C. Circuit's March 2018 decision striking down much of the FCC's prior interpretations.
The U.S. District Court for the Eastern District of Louisiana dismissed a TCPA class action, rejecting plaintiff's argument that the defendant's "call-to-action" text campaign violates the TCPA. The Court also rejected plaintiff's argument that every text message must include an opt-out instruction. The decision illustrates a trend of courts rigorously scrutinizing TCPA claims, particularly in cases where the plaintiff appears to be a serial plaintiff motivated by a desire to collect windfall damages under the TCPA.
Under the TCPA, as long as a debtor consents to be called in connection with a debt, the “prior express consent” provision is satisfied. But is consent revocable—and when is it effectively revoked?
The D.C. Circuit's important TCPA ruling narrows a 2015 Federal Communications Commission order.
Category Data Privacy
DC Circuit decision provides welcome clarification to businesses that call or text consumers and sends FCC back to the drawing board.