Category: TCPA

This is part two of a continuing series on the definition of an automatic telephone dialing system (“ATDS”) pursuant to the Telephone Consumer Protection Act of 1991 (“TCPA”). Refer to part one for a more detailed discussion of ACA Int’l v. Fed. Commc’ns Comm’n (“ACA International”), 885 F.3d 687 (D.C. Cir. 2018) and subsequent Circuit Court opinions.

(First in a Series on the TCPA’s ATDS Definition)

The Telephone Consumer Protection Act of 1991 (“TCPA”) protects consumers from unwanted nuisance calls by limiting the use of an automatic telephone dialing system (“ATDS”) or prerecorded calls. Since its enactment, courts and the FCC have been battling over the definition of an ATDS.

In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA (June 2, 2017) 2017 WL 2405025, the District Court for the Northern District of California addressed the scope of coverage for lawsuits alleging violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), under personal and advertising injury coverage for “oral or written publication, in any manner, of material that violates a person’s right of privacy” contained in a Commercial General Liability policy.

The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, prohibits certain calls made using automated dialing systems, commonly called “robocalls.”  In December, 2015, Musick, Peeler & Garrett’s Business Litigation Notes reported on an amendment included in the 2015 Federal Budget Act that exempted from the TCPA calls made in connecation with “collection of a debt owed to or guaranteed by the United States.”

The 2015 legislation that approved the federal budget included a significant amendment to the Telephone Consumer Protection Act (“TCPA”), 47[…]

The April 30, 2015 edition of Business Litigation Notes explained the potential danger under the TCPA of automating your customer[…]

1.             BACKGROUND The Telephone Consumer Protection Act (“TCPA”), also known as the “Robocall Law,” is a federal law that was[…]