The Telephone Consumer Protection Act (TCPA), which, as we’ve reported, has been litigated a fair amount in the Sixth Circuit in recent years, was under scrutiny again last week in Hill v. Homeward Residential, Inc. As the court outlined, the case primarily concerned what “prior express consent” means in the context of the TCPA and … Continue Reading
The Supreme Court will hear oral argument today in the case of Talk America, Inc. v. Michigan Bell Telephone Co. to address, in plain terms, “Whether state utility commissions may require major telephone companies (like AT&T and Verizon) to provide smaller competitors access to certain parts of their network facilities at cost instead of at market rates.” (See Definition … Continue Reading
The Supreme Court has agreed to resolve a circuit split caused by the Sixth Circuit’s decision in Michigan Bell Telephone Co. v. Covad Comms. Co., No. 07-2469.pdf (consolidated with Isiogu v. Michigan Bell (10-329) for Supreme Court review). In Michigan Bell, the parties debated the meaning of some of the FCC’s regulations under the Telecommunications … Continue Reading
Does the Telephone Consumer Protection Act (TCPA) and its accompanying regulations permit a person to recover damages against a satellite television provider for phone calls violating the national do-not-call list that were made by independent contractors of the provider and not the provider itself? Although this issue was presented to the Sixth Circuit, the court … Continue Reading
