This week, the FCC issued the following correction of its July 10, 2015 Order on the Telephone Consumer Protection Act (“TCPA”): In Paragraph 100, the fourth sentence is corrected to read as follows: “It follows that the rule applies per call and that telemarketers should not rely on a consumer’s written consent obtained before the […]
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FCC TCPA Order has Harsh Impact on Businesses
On July 10, 2015, the FCC entered its long awaited Order on 21 petitions seeking clarification on a number of issues related to the federal Telephone Consumer Protection Act (“TCPA”). A copy of the complete Order is available here https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order. The Order is consistent with comments that the FCC made during its open hearing on […]
FCC’s TCPA Ruling Delivers Blow To Businesses
The FCC today approved a Declaratory Ruling and Order resolving approximately 20 pending petitions seeking clarification of a variety of items relating to the federal Telephone Consumer Protection Act (TCPA). The Commission’s Order expands consumer rights and protections at the expense of legitimate businesses that use modern technologies responsibly to reach consumers. At today’s Open […]
Target, MasterCard Settlement Allowed to Proceed
The court in In re: Target Corporation Customer Data Security Breach Litigation (D. Minn. MDL No. 14-2522) today entered an order denying the plaintiffs’ motion to enjoin a settlement between MasterCard and Target stemming from the 2013 security breach of Target’s systems. The parties had agreed that Target would pay MasterCard $19 million for damages […]
Privacy Associates Kelley Barnaby and David Carpenter Author Law360 Article on the Major TCPA Developments in 2013 That Companies Should Be Aware Of
Senior Associates David Carpenter and Kelley Barnaby of Alston and Bird’s Litigation and Trial Practice group, have co-authored the Law360 article, “Defense Perspective on Major TCPA Developments in 2013.” In the article, Carpenter and Barnaby identify the major developments in the legal landscape for the Telephone Consumer Protection Act (“TCPA”) address the potential impacts of those developments for […]