The Electronic Privacy Information Center (EPIC) drafted this amicus brief in Guthrie v. PHH Mortg. Corp. (4th Cir.) in a case involving the Telephone Consumer Protection Act's prohibition of autodialed calls to cell phones without the called party's consent. The amicus brief argues that the definition of autodialer in the statute should be interpreted in a way that encompasses many dialers in use today. The brief closely analyzes the Supreme Court's 2021 decision in Facebook, Inc. v.
The Electronic Privacy Information Center drafted this amicus brief in Trim v. Reward Zone USA LLC (9th Cir.) in a case involving the TCPA’s prohibition of autodialed calls to cell phones without the called party's consent. The amicus brief argues that the definition of autodialer in the statute should be interpreted in a way that
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.
This is the text of a 2009 FTC advisory opinion dealing with a request from representatives of the debt collection industry that the FTC that action to clarify that the act of responding to a consumer dispute is not an attempt to collect a debt under the FDCPA. Further the representatives ask clarification that a consumer that sends a written dispute to a furnisher after having invoked his or her cease communication rights under the FDCPA has revoked the cease communication instruction for purposes of communicating with the furnisher to process the dispute.
This is the text of a 2008 FTC advisory opinion dealing with whether the FDCPA prohibits a debt collector from notifying a consumer of settlement options that may be available to avoid foreclosure. The opinion, with qualifications, finds such communication to be permissible.
This is the text of a 2007 FTC advisory opinion dealing with whether the FDCPA prohibits a debt collector from notifying a consumer who disputed a debt that the collector has ceased its collection efforts and concluding that it does not.
This document reprints the FTC’s 1988 Staff Commentary on the FDCPA, providing interpretations to most FDCPA provisions.