CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

The Eleventh Circuit Weighs in on ATDS Definition

Nearly two years ago, in ACA International v. FCC, the DC Circuit reversed the FCC’s 2015 order interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection Act (TCPA) and…

AT&T To Pay $60M to Settle 2014 FTC Data Throttling Complaint

After a long road that included questions over the scope of FTC and FCC jurisdiction, AT&T finally settled one of two cases challenging the unlimited data plans it offered to consumers. On Tuesday, November 5, 2019 the…

4th Circuit Declares Government Debt Exemption to the TCPA Unconstitutional, But Leaves the Rest of the Statute Intact

Since its adoption, the Telephone Consumer Protection Act (“TCPA”) has periodically been attacked as unconstitutional on grounds that it violates the First Amendment right to free speech due to its content-based…

Register for the 10th Annual USF Update Webinar on March 6th

Back for its 10th year, our most popular webinar offers an in-depth discussion on the federal Universal Service Fund for participants in USF programs and for contributors to the Fund. This webinar will address major…

Taking Stock of the TCPA in 2019: What is an “Autodialer”?

[ Spencer Elg co-wrote this post] The current and future definition of what qualifies as an automatic telephone dialing system ("ATDS" or "autodialer") remains a hotly debated and evaluated issue for every company…