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LexisNexis Legal Newsroom Staff
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
DLA Piper: FCC Approves Order On 21 Pending Petitions Seeking Clarification Of The TCPA: Key Points
By Lesli C. Esposito and John D. Huh In a vote of three to two, with voting falling along political party lines, the Federal Communications Commission approved an order addressing 21 pending petitions seeking clarifications of various aspects of the...
Troutman Sanders
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
FCC’s TCPA Order Immediately Challenged in Court
by Justin Brandt , Alan D. Wingfield and Chad Fuller As Troutman Sanders LLP previously reported , earlier this month the Federal Communications Commission issued a sweeping 147-page Declaratory Ruling and Order expanding the definition of an automatic...
Troutman Sanders
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
FCC Issues Sweeping Order Expanding Reach of the Telephone Consumer Protection Act
by Justin Brandt , Alan D. Wingfield , David N. Anthony , Chad Fuller , Virginia Bell Flynn and David M. Gettings On Friday, July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection...
Bajeerah LaCava
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
U.S. Supreme Court Hears Oral Arguments in TCPA Mootness Dispute
WASHINGTON, D.C. — (Mealey’s) Once a plaintiff is offered everything that he could have secured through a federal judgment, his complaint is moot, the attorney representing a vendor that sent text messages on behalf of the U.S. Navy and was...
Troutman Sanders
over 7 years ago
Consumer Protection & Privacy
Consumer Protection and Privacy Law Blog
FCC Passes New Declaratory Rule Clarifying and Interpreting TCPA Generally Unfavorably to Defendants
by David N. Anthony , Alan D. Wingfield , Chad Fuller and Tim J. St. George On June 18, 2015, the Federal Communications Commission (“FCC”) voted 3-2 to approve an order that promises to have major and negative impacts on companies who...
Foley & Lardner LLP
over 8 years ago
Public Policy
Public Policy Law Blog
Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want
By Michael C. Lueder “If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer...
Neal Gerber Eisenberg
over 8 years ago
Insurance Law
Insurance Policy Exclusions
State Farm’s Relentless Pursuit to Deny Coverage for TCPA Cases
As policyholder lawyers, one can usually count on a few basic mistakes that insurers will make. First, they wrongfully deny coverage and fail to defend. They abandon their insured who is then left to its own devices to protect itself. The policyholder...
Troutman Sanders
over 8 years ago
Insurance Law
Insurance Policy Exclusions
The Central District of California Holds that an Invasion of Privacy Exclusion Found in a D&O Policy Barred Coverage for a Suit Alleging Violations of the Telephone Consumer Protection Act
LAC Basketball Club, Inc. v. Federal Insurance Co. , 2014 U.S. Dist. Lexis 58836 (C.D. Cal. Feb. 14, 2014), [ enhanced version available to lexis.com subscribers ]. In LAC Basketball Club , the district court held that an exclusion for any claim based...
Adam Budesheim
over 11 years ago
Insurance Law
Business Liability Insurance
McCarter & English, LLP Discuss Factual Issues That Determine General Liability Insurance Coverage Under New Jersey Law For Violations Of The Telephone Consumer Protection Act: Penn National Insurance Co. v. Group C Communications, Inc.
By Adam J. Budesheim, Associate, McCarter & English, LLP In Penn National Insurance Co. v. Group C Communications, Inc. , A-2813-09T3, 2011 N.J. Super. Unpub. LEXIS 2077 (App. Div. Aug. 1, 2011), the first decision (albeit, unreported) from a...
Norton Rose Fulbright
over 11 years ago
Top Emerging Trends
Emerging Issues Law Blog
Fulbright Briefing: Telephone Consumer Protection Act Claims May be Brought in Federal Court, Supreme Court Rules
The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow...
Timothy Raub
over 11 years ago
Top Emerging Trends
Emerging Issues Law Blog
TCPA Does Not Deprive Federal Courts Of Jurisdiction, Supreme Court Rules
WASHINGTON, D.C. - The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous...
Adam Budesheim
over 11 years ago
Insurance Law
Insurance Commentary
McCarter & English, LLP Discuss Factual Issues That Determine General Liability Insurance Coverage Under New Jersey Law For Violations Of The Telephone Consumer Protection Act: Penn National Insurance Co. v. Group C Communications, Inc.
By Adam J. Budesheim, Associate, McCarter & English, LLP In Penn National Insurance Co. v. Group C Communications, Inc. , A-2813-09T3, 2011 N.J. Super. Unpub. LEXIS 2077 (App. Div. Aug. 1, 2011), the first decision (albeit, unreported) from...
Timothy Raub
over 11 years ago
Litigation
Litigation Blog
Oral Argument Heard In Appeal Of Telephone Consumer Protection Act Suit
WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Nov. 28 heard oral arguments in an appeal of an 11th Circuit U.S. Court of Appeals ruling that it lacked subject matter jurisdiction over a consumer's Telephone Consumer Protection Act ...
Abbey Spanier
over 10 years ago
Litigation
Litigation Blog
Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages
Have you ever received unsolicited advertising in the form of a text message? These forms of solicitations may be illegal under the Telephone Consumer Protection Act ("TCPA") which restricts telephone solicitations and the use of automated telephone...
Timothy Raub
over 11 years ago
Litigation
Litigation Blog
High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims
WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits...
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