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Category: TCPA

Home Archive by Category "TCPA"

When is Calling or Messaging Software an Autodialer under the TCPA?

October 13, 2020JCaudill@rothjackson.comRecent News, TCPA

In my opening article on the TCPA, I provided a brief overview of what the TCPA is and how it may affect your business.[1]  In this follow-up article, I’ll dive a bit deeper into a key question that commonly arises…

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A Brief Intro to the TCPA

October 13, 2020JCaudill@rothjackson.comRecent News, TCPA

This article offers a brief introduction to the Telephone Consumer Protection Act¹ and the Federal Communications Commission’s implementing regulations², which I’ll refer to collectively here as the “TCPA.”³ Among other things, the TCPA regulates calls or messages delivered with what…

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Roth Jackson Attorneys Settle Landmark FTC Litigation – Company Rescued from Receivership.

September 22, 2020JCaudill@rothjackson.comRecent News, TCPA

Roth Jackson attorneys were instrumental in the settlement of a landmark lawsuit brought by the Federal Trade Commission and Ohio Attorney General that resulted in favorable settlement terms for its clients and the release of companies from receivership. The FTC…

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Court Adopts Present Capacity Standard for Autodialers and Reasonableness Test for Calls to Reassigned Numbers

January 25, 2019kthomas@rothjackson.comTCPA

TCPA defendants can add another weapon to their arsenal with Roark v. Credit One Bank, N.A., a decision out of the District of Minnesota (in the 8th Circuit). Roark provides the first rejection of the 9th Circuit’s ruling in Marks…

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Court Rejects Marks and Holds that ACA Int’l Vacated FCC’s Predictive Dialer Rulings and that an ATDS Must Have the Capacity to Generate Phone Numbers

January 10, 2019kthomas@rothjackson.comTCPA

The Northern District of Iowa has given us TCPA practitioners an excellent piece of authority to show that Congress meant what it wrote when it defined an “automatic telephone dialing system.” The court, in Harbach v. USAA Federal Savings Bank,…

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Court Denies Class Certification in TCPA “Wrong Number” Case

December 21, 2018kthomas@rothjackson.comTCPA

Even in well-tended yards, weeds can emerge. Wrong numbers are the weeds of a well-tended TCPA compliance program. Notwithstanding your best efforts to cultivate and grow communications campaigns rooted in consumer consent, calls to wrong numbers are often inevitable. Numbers…

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No Fruit of the Poisonous SMS: Trial Court Rules that Responding to “HELP” Message Doesn’t Violate the TCPA, Even if Initial Message Did

November 30, 2018kthomas@rothjackson.comTCPA

New Jersey’s federal trial court ruled in Zemel v. CSC Holdings, LLC that “when an individual sends a message inviting a responsive text, there is no TCPA violation” when you respond. That sounds perfectly reasonable, but the outcome was not…

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Jos. A. Bank and its SMS Platform Provider Stitch Win Together where Consumer Claimed SMS were Telemarketing Messages

November 9, 2018kthomas@rothjackson.comTCPA

When we help clients design TCPA-compliant SMS marketing campaigns, one of the key issues we focus on is syncing up the content of the message with the level of consent we’ve achieved at any stage in the consumer experience. As…

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Ninth Circuit Court of Appeals Creates Circuit Split With Broad Autodialer Ruling

October 9, 2018FreshysitesTCPA

No company using modern technology to communicate with their customers was unhappy when the D.C. Circuit Court of Appeals rejected the FCC’s overly broad interpretation of what equipment qualifies as an “automatic telephone dialing system” (“ATDS” or, colloquially, an “autodialer”)…

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Recent Posts

  • H-1B Overhaul
  • When is Calling or Messaging Software an Autodialer under the TCPA?
  • A Brief Intro to the TCPA
  • October Visa Bulletin, Adjustment of Status, and FAQs

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  • Home
  • Our Team
    • Richmond Office
      • E.G. Allen, III
      • Joseph P. Bowser
      • caroline e. browder
      • andrew m. condlin
      • sean m. gibbons
      • Amanda huegerich
      • mark j. kronenthal
      • kim m. lacy
      • jennifer d. mullen
      • allyson martin sladic
      • biniam T. Tesfamariam
      • Jennifer L. West
    • Tysons Office
      • genevieve c. bradley
      • Gregory M. Caffas
      • joseph f. jackson
      • ashley b. kyle
      • mitchell n. roth
      • Jennifer S. Varughese
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