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 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