United States:
TCPA Litigation And Compliance Will Be Affected By The FCC's TCPA Omnibus Declaratory Ruling
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In its July 10, 2015 TCPA Omnibus Declaratory Ruling and Order, the
Federal Communications Commission unfairly lumps legitimate
businesses in with the telemarketing abusers that the Telephone
Consumer Protection Act (TCPA) was intended to deter. Highlights
within the ruling include:
- An Expansive Definition of "Automatic Telephone Dialing
System" or "Autodialer"
- Liability for Calling Reassigned/Wrong Wireless Numbers With
Only a Strict "One Call" Exception
- Revocation of Consent Can Be Made By "Any Reasonable
Means"
- Text Messages Are Covered by the TCPA
- One-Time Responses to "On Demand" Text Messages are
not Telemarketing
- Voluntarily Providing a Phone Number Can Be Prior Express
Consent for Non-Telemarketing Healthcare Calls
- Exemptions for Free Informational Calls by Certain Banking and
Healthcare Institutions
Click here to
read the issued Client Alert.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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