Telephone Consumer Protection Act

The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out.
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Recently, the United States Court of Appeals for the Second Circuit affirmed the district court’s finding in Reyes v. Lincoln Automotive Financial Services that a customer could not revoke prior express consent for purposes of the Telephone Consumer Protection Act (“TCPA”) if that consent was provided as consideration in a binding contract. In a ruling

Two recent decisions by the U.S. Court of Appeals for the Eleventh Circuit – one involving a rare written dissent from the denial of a petition for rehearing en banc – demonstrate the continuing difficulties courts are facing in determining what constitutes a concrete injury under Spokeo.
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Last month, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the appeal of the Federal Communication Commission’s July 2015 declaratory order interpreting the Telephone Consumer Protection Act. The D.C. Circuit may soon clarify the TCPA’s restrictions on automated telephone dialing, a result many affected businesses throughout the country would welcome.
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On July 12, 2016, several Hunton lawyers published an article addressing the growing trend of consumer class actions and reminding consumer product manufacturers to look to their insurance policies when they find themselves faced with class action lawsuits in the digital landscape. This blog post provides a link to the article.
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