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HTMLCall Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Allegra J. Lawrence-Hardy, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 22, 2015, previously published on May 21, 2015
On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez,1 a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation and circuit conflict in class actions: (1) whether a Federal Rule of Civil...

 

HTMLWill the FCC Answer Calls to Clarify the TCPA?
Keith J. Barnett, Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 9, 2015, previously published on April 9, 2015
We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection Act (TCPA). On April 1, 2015, in his remarks before the Association of...

 

HTMLRinging in the New Year: TCPA Hot Issues for 2015
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 16, 2015
The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided guidance on some issues, but unsettled law in other areas placed a compliance...

 

HTMLTCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 14, 2015, previously published on December 9, 2014
As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA violations. Whether TCPA defendants can seek coverage from liability insurers...

 

HTMLTCPA Risks Increase for the Financial Services Industry
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 4, 2014
Companies in the financial services industry are being targeted in lawsuits brought under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements like the recent $75 million settlement involving Capital One have captured the headlines. Moreover, unsettled law...

 

HTMLJust the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 6, 2014
The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties.

 

HTMLTCPA Best Practices: Consent, Compliance, Communication
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 2, 2014, previously published on October 27, 2014
The Telephone Consumer Protection Act of 1991 (TCPA) protects consumers from unwanted telemarketing calls, prerecorded or autodialed calls, fax transmissions, and text messages.

 

HTMLEleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a lower court. In Mais v. Gulf Coast Collection Bureau, Inc.,...

 

HTMLTCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers.” 47 U.S.C....

 

HTMLTCPA Hot Issues: Is the Scope of Consent Unlimited?
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone number to a company in connection with a specific transaction or...

 


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