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HTMLPower Play: Energy Utilities Score Big as FCC Approves Use of Robocalls and Texts Under the TCPA; Schools Get an Assist
Thomas M. Byrne, Juan C. Garcia, Patricia A. Gorham, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 8, 2016, previously published on August 8, 2016
Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely related to the utility service, without violating the Telephone Consumer...

 

HTMLVoice Over Internet Protocol and the TCPA: The Hidden Pothole on the Information Super Highway
Thomas M. Byrne, Juan C. Garcia, Patricia A. Gorham, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 27, 2016, previously published on July 27, 2016
Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to reconcile those advances with the TCPA. The proliferation of cell phones and...

 

HTMLWhat Is Your Starting Salary? New FLSA Regulations Raise The Bar For U.S. Employers
Juan C. Garcia, Matt Gatewood, Michael A. Hepburn, Paul R. Lang, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 23, 2016
Employers with salaried employees earning under $47,476 annually should evaluate the impact on their organizations of major changes to employee compensation following new federal wage requirements effective December 1, 2016.

 

HTMLLimited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties 
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 24, 2016
On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a third-party outside the scope of the business owner’s express...

 

HTMLDial “C” for Confusion: Courts Split on TCPA Definition of Autodialer
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 15, 2016, previously published on March 15, 2016
Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This issue perpetuates the uncertainty over the scope...

 

HTMLChallenges Mount to FCC's July 2015 TCPA Order
Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 1, 2015, previously published on December 1, 2015
Accusing the Federal Communications Commission (FCC) of abdicating its responsibility to clarify areas of uncertainty under the Telephone Consumer Protection Act (TCPA) and muddying the already murky waters of the TCPA, more than a dozen parties have filed appeals challenging the FCC’s July...

 

HTMLParty Line: Third Circuit Issues Expansive Interpretation of Right to Sue Under the TCPA
Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 26, 2015, previously published on October 23, 2015
Interpreting broadly the scope of standing to bring suit under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Third Circuit has held that even an unintended recipient of an automated call is within “the zone of interests protected by the law” and has...

 

HTMLA Band-Aid Remedy?: New TCPA Rules for the Healthcare Industry
Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 12, 2015, previously published on August 12, 2015
Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions seeking clarification of the Telephone Consumer Protection Act (TCPA)....

 

HTMLCall (Un) Answered (the Second Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions
Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
In some of its most comprehensive guidance published in years, resolving more than 20 petitions requesting clarification of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) on July 10 published a 138-page Declaratory Ruling and Order. Given the opportunity...

 

HTMLCall Answered (The First Ring): FCC Issues Sweeping Package of Declaration Rulings on TCPA Petitions
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 19, 2015, previously published on June 18, 2015
In its most significant action on the Telephone Consumer Protection Act (TCPA) since its revised TCPA rules took effect in late 2013, the Federal Communications Commission (FCC) has issued a package of declaratory rulings resolving almost two dozen petitions seeking clarification on TCPA issues....

 


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