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2 months ago | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
On February 4, the Federal Communications Commission (FCC) proposed a $4,492,500 fine against Telnyx LLC for allegedly allowing illegal robocalls on its network. The FCC’s Notice of Apparent Liability for Forfeiture (NAL) serves as a formal notification of the apparent violations and the proposed monetary penalty. It is not a final Commission action.
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2 months ago | 
openlegalblogarchive.org | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
On February 4, the Federal Communications Commission (FCC) proposed a $4,492,500 fine against Telnyx LLC for allegedly allowing illegal robocalls on its network. The FCC’s Notice of Apparent Liability for Forfeiture (NAL) serves as a formal notification of the apparent violations and the proposed monetary penalty. It is not a final Commission action.
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2 months ago | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual inquires. The decision further clarified the application and constitutionality of the statute to unsolicited fax advertisements. In Steven A. Conner, DPM, P.C. v.
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2 months ago | 
openlegalblogarchive.org | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
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2 months ago | 
insidearm.com | Rachel Ommerman |Virginia Bell Flynn |Stefanie Jackman |Ethan G. Ostroff
The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah Irrevocable Trust, the plaintiff was an assignee of a tenant who leased property from the defendant trust.
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Nov 20, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact about the defendant’s direct liability, actual authority over agents making the calls, whether the system used to make the calls is an Automatic Telephone Dialing System (ATDS), and whether there is a private right of action under 47 C.F.R. § 64.1200(d)(4).
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Nov 20, 2024 | 
jdsupra.com | Virginia Bell Flynn |Rachel Ommerman
The New Mexico Supreme Court recently confirmed consumer standing to pursue state law claims against a credit union after it pursued debt collection lawsuits against its members in the New Mexico magistrate courts. Several members filed a class action lawsuit against the credit union for the unauthorized practice of law and under the Unfair Practices Act (UPA), but the trial court dismissed the case, finding the plaintiffs lacked standing.
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Nov 8, 2024 | 
jdsupra.com | David Anthony |Virginia Bell Flynn |Brooke Conkle
As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were purportedly aimed at strengthening consumers’ ability to revoke consent to robocalls and robotexts. Last month, the FCC announced that the new rules go into effect on April 11, 2025.
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Oct 8, 2024 | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle |Ethan G. Ostroff
On October 4, the Supreme Court granted certiorari in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. This case will address a critical question that has been a point of contention among various circuit courts: whether the Hobbs Act, which limits judicial review of Federal Communications Commission (FCC) “final orders” to appellate courts, requires district courts to accept the FCC legal interpretation of the Telephone Consumer Protection Act (TCPA).
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Sep 26, 2024 | 
jdsupra.com | Virginia Bell Flynn |Brooke Conkle
On September 19, USTelecom — The Broadband Association (USTelecom), a major telecommunications trade organization, sent a letter to the Federal Communications Commission (FCC) expressing its concerns about the proposed enhancements to anti-robocall regulations. USTelecom’s primary contention is that the proposed rules, which aim to extend the do-not-originate (DNO) requirement, could inadvertently block legitimate calls, including emergency communications.
