Telephone Consumer Protection Act

Home/Articles/Topic: Telephone Consumer Protection Act

DC Court of Appeals Refuses to Impose Strict Liability Under the TCPA

In a significant decision regarding the applicability of the Telephone Consumer Protection Act of 1991 (“TCPA”), the D.C. Court of Appeals recently held that the TCPA does not impose strict liability on a person or entity whose goods or services are advertised in an unsolicited fax. Instead, the Court ruled that the Act may impose vicarious liability on a person or entity on whose behalf unsolicited fax ads were sent, regardless as to who actually sent the faxes. In FDS Rest., Inc. v. All Plumbing, Inc., No. 16-CV-1009, 2020 D.C. App. LEXIS 111 (Mar. 26, 2020), FDS [...]

Free Speech and the TCPA: How an Upcoming Supreme Court Decision May Affect the TCPA and Impact Businesses

On January 10, 2020, the Supreme Court agreed to review a Fourth Circuit decision challenging the constitutionality of an exemption to the Telephone Consumer Protection Act of 1991 (the “TCPA”). See Barr v. American Ass’n of Political Consultants, No. 19-631. The TCPA was enacted in 1991 in response to unwanted, automated phone calls that affect many Americans on a daily basis. The TCPA broadly prohibits telephone solicitation through the use of “automatic telephone dialing systems.” See 47 U.S.C. § 227. However, in response to the rapid technological advancements since 1991, Congress has curtailed the provisions of the [...]

By |2020-05-08T14:26:37-04:00February 24th, 2020|Practice Areas: Class Action|Topics: , |