NCLC filed this amicus brief, joined by several consumer groups, asking the 11th Circuit for rehearing en banc in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019). The case holds that a consumer lacked Article III standing under Spokeo to bring a class action under the TCPA against a firm that sent him, and thousands of other individuals, an unwanted telemarketing text message.
This is the notice of proposed rulemaking for the origianal version of the FTC Telemarketing Sales Rule, 60 Fed. Reg. 8313 (Feb. 14, 1995). The FTC proposes to implement the Telemarketing and Consumer Fraud and Abuse Prevention Act. Section 3 of the Act directs the FTC to prescribe rules, within 365 days of enactment of the Act, prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. This proposed rule led to a final rule that was later extensively expanded and amended.
This is the full text of the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), Pub. L. No. 116-105 (2019), which was enacted to deter criminal robocall violations and improve enforcement of section 227(b) of the Communications Act of 1934. Although parts of the TRACED Act amend the Telephone Consumer Protection Act, a number of provisions are not codified in the U.S. Code. Provisions deal with civil forfeiture, call authentication, protections from spoofed calls, creation of an interagency working group, and access to number resources.
This is an amicus brief before the 11th Circuit, drafted by the Electronic Privacy Information Center, dealing with the definition of an autodialer. In Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), the U.S.
The Electronic Privacy Information Center drafted this amicus brief in Johansen v. Bluegreen Vacations Unlimited, Inc. (11th Cir. 2022) in an appeal from the denial of class certification in this TCPA case. Telemarketers often take great care to conceal their identity and the identity of the seller on whose behalf they are calling, in order to make it impossible to sue.