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
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
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
