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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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...