United States: Disconnected: The Telephone Consumer Protection Act At 25 Years Old

The Telephone Consumer Protection Act ("TCPA" or "Act") has become fertile ground for plaintiffs seeking to use the prospect of aggregated statutory damages to extract sizable settlements. Further, while as its name suggests, the Act was enacted to protect consumers, it is being enforced in a manner that actually harms consumers by preventing them from receiving important informational telephone calls and text messages from businesses that are concerned with running afoul of the Act. The TCPA has plainly deteriorated into something far afield from its original intent 25 years ago.

To be sure, Congress passed the TCPA in 1991 to combat the proliferation of unsolicited telephone calls by certain groups of telemarketers to consumers, whose numbers were often dialed at random or sequentially using automated dialing equipment.1 For many years, the Act was used for that purpose to regulate and sue rogue telemarketers. It is only more recently that plaintiffs have used the TCPA as a vehicle to bring costly class actions against businesses of all types and, increasingly, where those organizations engaged in communications that Congress probably never intended the Act to prohibit.2

The number of TCPA lawsuits has skyrocketed in the past few years. It is reported that, in 2007, a mere 14 new TCPA lawsuits were filed. Five years later, in 2012, plaintiffs filed 1,102 new TCPA lawsuits. And, since then, the rate of filings has more than tripled, with 3,710 new cases filed in 2015.3 Plus, this upsurge of TCPA litigation has resulted in record-breaking multi-million-dollar settlements over the past few years, some higher than $30 million. Highlighting the significant exposure presented by the Act, in a recent opinion approving a $34 million settlement of a 32-million member TCPA class, a district court acknowledged that a "complete victory" for the class on the merits would be in the range of $16–$48 billion.4

What led to this torrent of litigation? While the Federal Communications Commission (the "FCC" or the "Commission") attributes the surge in litigation to the "skyrocketing growth of mobile phones," the FCC's interpretations of the TCPA in its implementing regulations and declaratory rulings may be the real culprit. As discussed below, interpretations of the Act from the Commission's recent Omnibus Declaratory Ruling and Order (the "2015 Declaratory Ruling") are now the subject of a consolidated appeal pending before the D.C. Circuit, ACA International v. Federal Communications Commission, in which the petitioners raise a number of compelling arguments that certain of those interpretations are unreasonable and should not be accorded deference.

The FCC's Implementation of the TCPA Prior to 2015

The TCPA, with limited exceptions,5 prohibits unsolicited calls to wireless telephones using an automatic telephone dialing system ("ATDS" or "autodialer") or an artificial or prerecorded voice, and to residential landlines using an artificial or prerecorded voice.6 The Act also mandates the creation of national and company-specific "Do Not Call" lists and regulates telemarketing faxes.7 To ensure compliance, the TCPA creates a private right of action. A plaintiff can recover $500 in statutory damages for each violation of the Act and $1,500 in damages for a willful or knowing violation.8

Congress granted the Commission authority to prescribe regulations to implement the requirements of the TCPA.9 The FCC's initial implementing regulations largely tracked the TCPA and were not the subject of much discussion.10 But the Commission's more recent interpretations of the TCPA's statutory terms have garnered significant interest, particularly from businesses that the interpretations could affect, such as those that communicate with customers by voice calls and text messages.11 Three such interpretations prior to 2015, which are discussed below, concerned the definition of an ATDS, whether the term "call" includes text messages, and what constitutes the requisite "consent" to receive autodialed, artificial or prerecorded calls.

ATDS

The TCPA defines an ATDS 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."12 The FCC first considered the scope of the term "capacity" in 2003 when asked whether a "predictive dialer" fell within the statutory definition of ATDS.13 Although telemarketers had traditionally used telephone dialing equipment that randomly or sequentially generated and dialed phone numbers, predictive dialers utilize stored preprogrammed numbers or numbers sent from computer software, and they enable callers to anticipate when a person will likely answer a call. The FCC found that predictive dialers were ATDSs, stating that "in order to be considered an '[ATDS],'" the equipment need only have the "capacity to store or produce telephone numbers."14 So, in effect, the FCC redefined an ATDS and arguably made the definition broader by eliminating the requirement that the equipment have the capacity to store or produce telephone numbers to be called "using a random or sequential number generator."

In any event, in 2008, the Commission reaffirmed that a predictive dialer is an ATDS, reasoning that "the basic function of such dialing equipment, had not changed—[they have] the capacity to dial numbers without human intervention" and thus fall under the statutory definition of an ATDS.15 The FCC's inclusion of the "without human intervention" concept was completely novel and not based on any text in the TCPA.

TEXT MESSAGES

The plain language of the TCPA prohibits certain types of "call[s]" but does not address text messages, which is unsurprising given that the Act was enacted long before text messaging became popular. In 2003, however, the FCC determined for the first time that "both voice calls and text calls to wireless numbers constitute prohibited calls under the [TCPA]."16 In a 2004 ruling pertaining to the CAN-SPAM Act, the FCC reaffirmed that the "prohibition on using [ATDSs] to make calls to wireless phone numbers applies to text messages (e.g., phone-to-phone SMS), as well as voice calls."17 This interpretation of the TCPA significantly expanded the scope of the type of "calls" that would be prohibited under the TCPA.

CONSENT TO RECEIVE CALLS

Neither the text of the TCPA nor its legislative history addresses the form by which prior express consent for calls is established or revoked. In 1992, the FCC recognized that consumers "who knowingly release their phone numbers have in effect given their invitation or permission to be called at the number which they have given,"18 and the FCC applied this principle in a 2008 Declaratory Ruling in which it found that the provision of a cell phone number to a creditor reasonably evidences consent by the cell phone subscriber to be contacted at that number regarding the debt.19

Otherwise, prior to 2015, the FCC "[left] it to the caller to determine, when making an autodialed or prerecorded non-telemarketing call to a wireless number, whether to rely on oral or written consent in complying with the statutory consent requirement"20 and refrained from addressing the issue of revoking consent for non-telemarketing calls. In 2012, the Commission established a new regime for telemarketing calls, requiring, among other things, that callers receive "prior express written consent" for these calls to "wireless numbers and residential lines" by physical or electronic signature and that the calls include an opt-out mechanism so that a consumer can easily revoke that consent.21

THE FCC'S 2015 DECLARATORY RULING

Twenty-one parties petitioned the FCC to clarify or revise some of its interpretations discussed above, as well as other ambiguities that had been seized upon by plaintiffs as the basis for liability under the TCPA. On July 10, 2015, a divided Commission issued the 2015 Declaratory Ruling to resolve those petitions.22 In the ruling, the Commission purported to clarify its definition of an ATDS and its view on liability for wrong-number calls placed to reassigned wireless numbers, and it attempted to create a regime for revoking consent to receive non-telemarketing calls. Despite the FCC's efforts, its ruling created more uncertainty and raised concerns about new and impractical compliance obligations. Accordingly, all three of the described issues are the subject of the pending challenge in the D.C. Circuit.23

ATDS

In many TCPA lawsuits, plaintiffs assert that equipment that literally cannot dial random or sequential numbers nonetheless qualifies as an ATDS, because it theoretically could be reconfigured to do so. Under the FCC's refined definition in the 2015 Declaratory Ruling, an ATDS is a device that has the "capacity" to generate random or sequential numbers and dial such numbers automatically so long as it has the "potential ability" to do so, either innately or through hardware or software modifications.24 In their appeal of the ruling, the petitioners argue, among other things, that, contrary to the Commission's interpretation, equipment must have the "present ability" to generate random or sequential numbers and to dial such numbers automatically in order to be considered an ATDS under the text of the TCPA.

In particular, the petitioners contend that the Commission's interpretation of an ATDS is unreasonable and lacks meaningful limiting principles.25 Relying heavily on the statements filed by the dissenting members of the FCC, they argue that the "potential functionalities" test proposed by the FCC might cover "pretty much any calling device or software-enable featured," including smartphones, tablets and VoIP telephones, because it is "trivial to download an app, update software, or write a few lines of codes that would modify the device's software to dial random or sequential numbers." To emphasize this point, the petitioners quipped that the test is so expansive, the FCC had "to use a rotary phone as an example of a technology that would be not be covered" under the TCPA.26 They maintain that the text of the TCPA and the context in which the term "capacity" is used in the Act indicate that Congress intended that the question of whether or not equipment is an ATDS be determined by considering what the equipment can do in its present and unmodified state.27 Indeed, this seems to be the only reasonable interpretation of the Act.

WRONG‐NUMBER CALLS

Another issue of increasing importance in TCPA cases is the treatment of wrong-number calls, where the business places a call trying to reach an individual who has consented to receive the call only to reach someone else entirely, either because the phone number had been reassigned or misidentified by the initial consumer. The most natural reading of the Act is that the "intended recipient" is the party whose consent must be obtained to place a call, as it is impossible to know in advance who actually might answer any given call. Nonetheless, in its 2015 Declaratory Ruling, the Commission decided that the TCPA prohibits autodialed calls "to reassigned wireless numbers when the current subscriber to or customary user of the number has not consented, subject to a limited, one-call exception for cases in which the caller does not have actual or constructive knowledge of the reassignment."28

In the challenge to the 2015 Declaratory Ruling, the petitioners urge the D.C. Circuit to require the FCC to adopt an "expected recipient" definition for a called party to avoid liability based on a transferred mobile phone number that could not have been discovered before the call.29 The petitioners also point out that the Commission's "one free call" exception is insufficient, because the caller cannot "discover that the subscriber has changed before the first call" and "might not learn of the reassignment during the call because, as the Commission . . . recognized, 'a single call to a reassigned number will [not] always be sufficient for callers to gain actual knowledge of the reassignment'"— especially when that first call is not answered.30 More fundamentally, the FCC's one-free-bite rule has no mooring in the statutory text; the very fact that the FCC was compelled to create this exception from whole cloth suggests that its interpretation is not one that Congress intended.

REVOCATION OF CONSENT

A third issue that had been the subject of considerable controversy in TCPA cases is whether individuals who have consented to receive autodialed non-telemarketing or informational calls may retract their consent and, if so, whether contractual provisions that specify how consent may be rescinded (e.g., by calling a certain number) are enforceable.

In its 2015 Declaratory Ruling, the FCC concluded that a consumer's prior express consent may be revoked through any means that is "reasonable" under the "totality of facts and circumstances" and that the callers and consumers may not agree to a more limited means of revocation.31 The petitioners have argued to the D.C. Circuit that this approach is unworkable because the "degree of individualization" created by the Commission's proposed regime is "impracticable and deprives callers of the ability to craft efficient and reliable mechanisms for receiving and processing revocations."32

One problem with this regime (or the lack thereof) is that businesses cannot effectively determine in advance whether a customer's interaction with a particular employee will later be considered a "reasonable" medium for revoking consent. For instance, customers theoretically "could tell the pizza-delivery guy that they no longer wish to receive promotional text," or they could "tell their cable installer that they no longer want to receive informational calls about outages."33 Treating these informal interactions as proper revocation would present a major problem for most businesses because they "typically train only particular customer service agents to deal with revocation of consent," not every employee who interacts with customers in some manner.

What Is Next for Businesses?

Briefing in the appeal ended on February 24, 2016, and the oral argument should be scheduled shortly. If the D.C. Circuit rules for the petitioners, either in whole or in part, barring a petition for Supreme Court review, the FCC will be sent back to the drawing board on implementing regulations regarding the issues raised in the appeal. If, on the other hand, the D.C. Circuit (or the Supreme Court) determines that the interpretations of the TCPA reflected in the 2015 Declaratory Ruling are permissible constructions of the Act, affected businesses may want to reevaluate their TCPA compliance practices. In the meantime, businesses currently litigating TCPA cases involving issues raised in the appeal might consider seeking a stay pending a ruling on the appeal. At the very least, businesses targeted by TCPA lawsuits in which the plaintiffs seek to impose liability on the basis of the FCC's positions in the 2015 Declaratory Ruling should be sure to preserve challenges to those positions.

Footnotes

1 Pub. L. No. 102-243, 105 Stat. 2394, § 2 (Dec. 20, 1991).

2 See S. Rep. No. 102-178 (1991)

3 Webrecon LLC, Debt Collection Litigation & CFPB Complaint Statistics, Dec 2015 & Year in Review, available at https://dev.webrecon.com/out-like-a-lion-debt-collection-litigation-cfpb-complaint-statistics-dec-2015-year-in-review/ (last visited Feb. 8, 2016).

4 Gehrich v. Chase Bank USA, 12 C 5510, 2016 WL 806549, slip op. at *7 (N.D. Ill. Mar. 2, 2016)

5 Most notably in the health care context. See 47 U.S.C. § 227(b)(2); 47 C.F.R. § 64.1200(a)(2) (effective Oct. 16, 2013).

6 47 U.S.C. § 227(b)(1)(A)(iii).

7 47 U.S.C. § 227(b)(1)(C) (junk faxes); 47 C.F.R. § 64.1200 (Do-Not-Call Registry).

8 Id. § 227(b)(3).

9 Id. § 227(b)(2).

10 Id. § 64.1200(f)(1). For instance, the implementing regulations stated that "[n]o person may" "[i]nitiate any [non-emergency] telephone call . . . using an [ATDS] or artificial or prerecorded voice," without prior express consent, to a wireless telephone. And they define the terms "ATDS" and "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."

11 E.g., Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 FCC Rcd. 7961, 7970 ¶ 9 ("2015 Declaratory Ruling").

12 Id. § 227(a)(1). Generally, "[a]n agency's interpretation of a statute it administers commands deference, regardless of whether it emerges as a result of an adjudicative proceedings or a rulemaking process." City of Chicago v. F.C.C., 199 F.3d 424, 429 (7th Cir. 1999).

13 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 18 FCC Rcd. 14014, 14091-93, ¶¶ 131-33 (2003) ("2003 Report and Order").

14 Id. at 14092-93, ¶ 133 (emphasis added).

15 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling, 23 FCC Rcd. 559, 566 ¶ 13 (2008) ("2008 Declaratory Ruling").

16 2003 Report and Order at 14115 ¶ 165 (emphasis added).

17 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003; Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, 19 FCC Rcd. 15927, 15933-34 (2004) (emphasis added).

18 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 7 FCC Rcd. 8753, 8769 ¶ 31 (1992).

19 2008 Declaratory Ruling at 564 ¶ 9 (2008).

20 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, 27 FCC Rcd. 1830, 1842 ¶ 29 (2012) (emphasis added).

21 Id. at 1837 ¶ 18 (emphasis added).

22 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 FCC Rcd. 7961 (2015) ("2015 Declaratory Ruling").

23 No. 15-1211 (D.C. Cir.).

24 2015 Declaratory Ruling at 7976 ¶ 19 (emphasis added).

25 Petitioners' Br. §§ I.A-B (quoting 2015 Declaratory Ruling at 8075 (Pai, Dissenting)).

26 Id. at 24.

27 Id. at 22-25.

28 2015 Declaratory Ruling at 7966.

29 Petitioners' Br. § II.A.1.

30 Id. at 52 (quoting 2015 Declaratory Ruling at 8010, n. 312).

31 2015 Declaratory Ruling at 7994 ¶ 55, 7997, n. 233.

32 Id. at 56-57.

33 Id.

Originally published 28 March 2016

Learn more about our Consumer Financial Services, Consumer Litigation & Class Actions, Cybersecurity & Data Privacy and Technology, Media & Telecommunications practices.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2016. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.