News & Analysis as of

Robocalling Coronavirus/COVID-19 Telephone Consumer Protection Act

Faegre Drinker Biddle & Reath LLP

Tenth Circuit Finds That Invitations to Town Halls Regarding Covid-19 Triggered the TCPA’s Emergency Purposes Exception; Declines...

In a case analyzing whether invitations to town hall meetings regarding COVID-19 were exempted from liability by the TCPA’s emergency purposes exception, the Tenth Circuit declined to address whether a municipality is a...more

King & Spalding

HHS Requests FCC Opinion on Whether Certain Telephonic Communications are Permissible Under the Telephone Consumer Protection Act

King & Spalding on

On April 28, 2022, in a joint letter written by the HHS Secretary, Xavier Becerra, and CMS Administrator, Chiquita Brooks-LaSure, to the Chairwoman of the Federal Communications Commission (FCC), HHS requested an opinion...more

Faegre Drinker Biddle & Reath LLP

FCC Seeks Comment on HHS/CMS Request for Certainty About Communications Critical to Federal and State Health Insurance Programs...

Reacting quickly to a joint request by the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) (collectively, the Health Agencies) last Thursday, the FCC released a Public...more

McGlinchey Stafford

Is The TCPA Constitutional? - The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Goodwin

CFPB Proposes Mortgage Servicing Changes; Supreme Court Weighs in on TCPA

Goodwin on

In This Issue. The Consumer Financial Protection Bureau (CFPB) continued to be active under its new leadership this week, warning mortgage servicers to prepare now for an anticipated surge of homeowners needing assistance...more

Goodwin

SEC Adopts Rule Providing New Regulatory Framework For Fund-Of-Funds

Goodwin on

In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more

King & Spalding

FCC Rules Certain Communications Related to COVID-19 Are Permissible Under TCPA “Emergency Purposes” Exception

King & Spalding on

On March 20, the FCC released a declaratory ruling clarifying that certain calls and text messages related to COVID-19 satisfy the “emergency purposes” exception to the Telephone Consumer Protection Act’s (“TCPA”) prohibition...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker - April 2020

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Faegre Drinker Biddle & Reath LLP

U.S. Financial Institutions Petition FCC to Exclude Their Informational Calls from TCPA Liability During the COVID-19 Pandemic

On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more

Fox Rothschild LLP

FCC: Auto-Dialed Calls, Texts on Coronavirus Health And Safety Exempt From Consent Requirements

Fox Rothschild LLP on

The Federal Communications Commission clarifies that auto-dialed calls and SMS messages regarding COVID-19 are exempted from Telephone Consumer Protection Act (TCPA) consent requirements...more

Seyfarth Shaw LLP

Communicating in the Time of Pandemic: FCC Clarifies that Certain COVID-19 Related Calls Are Exempt from TCPA Liability

Seyfarth Shaw LLP on

Now more than ever businesses need to be able to quickly and efficiently communicate with clients and customers about issues related to the COVID-19 pandemic. However, as many businesses know, the Telephone Consumer...more

Sheppard Mullin Richter & Hampton LLP

FCC Declares Certain Calls/Texts Regarding COVID-19 Are Exempt From The TCPA

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated calls, including text messages, to cell phones without sufficient prior express consent, and imposes a statutory penalty of $500 to $1,500 per...more

Morrison & Foerster LLP - Class Dismissed

Text Messaging In A Time Of COVID-19: FCC Guidance On “Emergency Messages” And Restrictions On Telemarketing In New York

With nearly half of the United States population being either urged or ordered to stay at home and avoid all non-essential travel in light of the COVID-19 crisis, modern forms of communication such as telephone calls, video...more

Cooley LLP

Alert: FCC Grants Narrow Exemption to Robocall and Text Rules for COVID-19 Information

Cooley LLP on

In response to the COVID-19 pandemic, the FCC has issued a narrow order exempting healthcare providers and certain government entities from the prohibitions on autodialed and prerecorded telephone calls and automated text...more

Brownstein Hyatt Farber Schreck

The FCC Exempts COVID-19-Related Health Care “Robocalls” From TCPA Liability

The Federal Communications Commission (FCC) issued an order on March 20, 2020, confirming that the COVID-19 pandemic constitutes an “emergency” under the Telephone Consumer Protection Act (TCPA) relieving hospitals, health...more

Faegre Drinker Biddle & Reath LLP

FCC Issues Ruling Applying TCPA’s “Emergency Purposes Exception” To Calls Addressing Health and Safety Risks Arising Out Of...

Acknowledging that “effective communications with the American public” is “a critical component” to efforts to slow the spread of the coronavirus, the Federal Communications Commission (FCC) released on its own motion, a...more

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