Tag Archives: TCPA

D.C. Circuit Limits the FCC’s Rulemaking Authority Under the TCPA … and the FCC Chairman Agrees

On March 31, 2017, the D.C. Circuit held that the Federal Communications Commission (FCC) lacked authority under the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act (collectively, the TCPA), to issue a rule, known as the “Solicited Fax Rule,” requiring businesses to include opt-out notices on solicited fax advertisements. Bais Yaakov … Continue Reading

Ninth Circuit Holds that Escrowed Funds Do Not ‘Moot’ a Claim, but Plaintiff Could Move for Class Certification Even if Claim Were Moot

In Chen v. Allstate Insurance Co., — F.3d —-, 2016 WL 1425869 (April 12, 2016), the Ninth Circuit held that the offer and deposit of funds into an escrow account in an amount sufficient to satisfy the named plaintiff’s individual claim, combined with an offer of injunctive relief, does not “moot” the claim under Article … Continue Reading
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