July 13, 2015

Telephone Consumer Protection Act (TCPA) Team Weighs In on Much-Anticipated FCC Declaratory Ruling Addressing Key TCPA Issues

Drinker Biddle’s Telephone Consumer Protection Act (TCPA) Team has weighed in on the FCC’s highly anticipated TCPA Declaratory Ruling and Order, which was released late Friday, July 10, 2015.

The Declaratory Ruling, which will likely be subject to appeals in the coming weeks, sets forth a range of new statutory and policy pronouncements that have broad implications for businesses of all types that call or text consumers for informational or telemarketing purposes.  In an update promptly following the release of the Declaratory Ruling, the team behind Drinker Biddle’s TCPA Blog discussed the FCC’s actions in key areas where many petitioners sought clarification or relief, including:

  • The Scope and Definition of an Autodialer;
  • Consent and Revocation of Consent;
  • The Reassigned Number “Safe Harbor”;
  • The Treatment of Text Messaging and Internet-to-Phone Messaging;
  • Limited Exemptions for Bank Fraud and Exigent Healthcare Calls and Texts; and
  • Service Provider Offering of Call Blocking Technology.

Read “What You Need to Know About the FCC’s July 10th Declaratory Ruling on the Telephone Consumer Protection Act (TCPA)” here.

The TCPA has become a recent focus of the plaintiffs’ class action bar, given the availability of statutory damages that can be aggregated without limitation (from $500 up to $1500 per call, text message or fax). Our team represents a number of leading companies in individual and putative class actions under the statute in jurisdictions across the country.  We also counsel many of our clients on how to adapt their practices in light of the changing regulatory landscape.

The team’s TCPA Blog, established in 2013, is the defense bar’s preeminent online resource analyzing TCPA-related litigation and regulatory developments.  If you have any questions or concerns about the FCC’s Declaratory Ruling, please do not hesitate to contact Laura Phillips.

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