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The Ice Miller Blog

Court Clarifies “Human Intervention” in the TCPA after the FCC’s Declaratory Ruling

January 19, 2016 by Martha Kohlstrand, Associate
Just a few weeks ago, a district court in California recognized that under the July 2015 Federal Communications Commission (“FCC”) Declaratory Ruling there is no bright-line test for how much “human intervention” is required for a piece of equipment to avoid being classified as an Automatic Telephone Dialing System (“ATDS”). In Sherman v. Yahoo!, Inc., Case No. 3:13-cv-0041-GPC-WVG, 2015 U.S. Dist. LEXIS 167177 (Dec. 14, 2015), the Court considered Yahoo’s SMS Messenger Service, which permits registered Yahoo users to send instant messages to cellular phones using their computers. 


Third Circuit Addresses Definition of Autodialer under the TCPA

January 14, 2016 by Martha Kohlstrand, Associate
In a recent ruling, the Third Circuit Court of Appeals addressed the question of what is meant by an Automated Telephone Dialing System (“ATDS”) under the TCPA. While the opinion, Dominguez et al. v. Yahoo, Inc., is not precedential, it offers valuable insight on how courts might interpret the term “ATDS” for businesses that use dialers to reach their customers.


The Sixth Circuit Narrows What It Means To Be An “Advertisement” Under the TCPA

July 13, 2015 by Isaac J. Colunga, Partner
The Telephone Consumer Protection Act (TCPA) prohibits “unsolicited advertisements” sent to fax machines.  47 U.S.C. § 227(b)(1)(C).  But when is a fax considered an “advertisement” for purposes of the TCPA?  Several district courts have attempted to answer this question, and we finally have some appellate court guidance.  


Fraud and Security Breaches May Warrant an Exemption from TCPA Liability for Text Messages from Banks to Customers

November 19, 2014 by Isaac J. Colunga, Partner
According to a recent FCC Petition, identity theft and fraud are at historically high levels as a result of data and security breaches.


The TCPA's "Prior Express Consent" Exception is Broader Than Debtors May Think, Says the Eleventh Circuit

October 16, 2014 by Isaac J. Colunga, Partner
Last month creditors and debt collectors scored a notable win in Florida, after the Eleventh Circuit held that “prior express consent” can be established in numerous debt collection-related contexts – not just in the consumer credit context – when a debtor provides its cell phone number to a creditor. 


A Plaintiff's Home Telephone Line May Not Be “Residential” for Purposes of the TCPA

October 9, 2014 by Isaac J. Colunga, Partner
The TCPA generally prohibits companies from making telephone calls to residential telephone lines using an artificial or pre-recorded voice without consent.  


Gomez v. Campbell-Ewald Company: The Ninth Circuit Holds that a Marketing Consultant Can Be Vicariously Liable for its Subcontractor’s TCPA Violations

October 7, 2014 by Isaac J. Colunga, Partner
On September 19, 2014 the Ninth Circuit in Gomez v. Campbell-Ewald Co., 2014 WL 4654478,  found that marketing consultants are not insulated from liability under the Telephone Consumer Protection Act (TCPA) even if they outsource a merchant’s calling campaign to a subcontractor.  


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