Tag Archives: TCPA

Panel Rehearing Granted On TCPA Agency Principles

The Sixth Circuit has granted a rare panel rehearing in Lucas v. Telemarketer Calling from (407) 476-5680 & Other Tel. Nos., a case filed under the Telemarketing Consumer Protection Act.  Our sister SPB blog, TCPAWorld, one of the web’s leading sources for intelligence and lawyering on TCPA defense, has a detailed post here.  The panel … Continue Reading

Sixth Circuit Agrees with Eleventh Circuit on TCPA Question

The Telephone Consumer Protection Act (TCPA) makes it unlawful for any person to place a call using any automatic telephone dialing system or any artificial or prerecorded voice to a cell phone number without obtaining the prior express consent of the called party. The FCC has interpretive authority over the TCPA and “has provided extensive … Continue Reading

Consensual Debt Collection Calls in the Sixth Circuit

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

Sixth Circuit Sets Standard for Advertisements Under Consumer Protection Law

Facing an as-yet unaddressed question of statutory interpretation in the Sixth Circuit, last week the court issued an opinion Sandusky Wellness Center v. Medco Health Solutions, which interpreted the Telephone Consumer Protection Act (TCPA) to hold that unsolicited faxes that “lacked the necessary commercial aspects of ads,” were not “advertisements” for purposes of the TCPA … Continue Reading

The Sixth Circuit Decides Not to Decide Do-Not-Call Issue That Is Better Addressed by the FCC

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