Tag Archives: FCC

The D.C. Circuit Denies Motion to Stay Issuance of Mandate in Yaakov v. FCC Opt-Out Notification Case, but Petition for Certiorari Looms

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated a rule requiring that opt-out notices be included in fax advertisements sent with prior permission of the recipient. … Continue Reading

DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications on Solicited Fax Advertisements

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement when, by its express terms, the TCPA applies only to unsolicited fax advertisements. Order, Yaakov v. Federal Communications Commission, No. … Continue Reading

D.C. Circuit May Have Finally Killed TCPA Class Actions Over Solicited Faxes Without Opt-Out Notices!

Photo of Sammantha TillotsonPhoto of Casie CollignonBy Sammantha Tillotson and Casie Collignon on Posted in Advertising Class Action
On Friday, in a split decision, the United States Court of Appeals for the District of Columbia Circuit entered its long-awaited ruling in Yaakov v. Federal Communications Commission, holding that “the FCC’s 2006 Solicited Fax Rule is [] unlawful to the extent that it requires opt-out notices on solicited faxes.” Order, Yaakov v. Federal Communications … Continue Reading

Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement transmissions that stated that “[a] facsimile advertisement . . . sent to a recipient that has provided prior express invitation or permission … Continue Reading

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling,

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in TCPA
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone Consumer Protection Act (“TCPA”).  Dominguez v. Yahoo, Inc., No. 14-1751, slip op. at 9 (3d Cir. Oct. 23, 2015). The … Continue Reading

The FTC’s Thoughts on Why “Unlimited Data” Shouldn’t Need Scare Quotes

Photo of James A. ShererBy James A. Sherer on Posted in Advertising Class Action
“Unlimited data” shouldn’t need scare quotes: what recent FTC action may mean for wireless providers, broadband companies, and class action plaintiffs On October 28, 2014, the United States Federal Trade Commission (FTC) sued AT&T’s mobile division in the Northern District of California (F.T.C. v. AT&T Mobility LLC, Case No._ [N.D. Cal., Oct. 28, 2014] “AT&T … Continue Reading
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