Podcasts about atds

As the 2024 recipient of the Betty Jean Jones Award, Ann Folino White, associate professor of theatre studies at Michigan State University, joins the ranks of a select group of scholars honored by this prestigious national award for excellence in teaching and mentorship in theatre. Presented by the American Theatre and Drama Society, or ATDS, an international body of scholars dedicated to the study of theatre, performance, and drama across the Americas, the Betty Jean Jones Award signifies the profound influence Folino White has made on her students, colleagues, and the broader academic and theatre communities. The honor is more than just a recognition of her accomplishments – it is a validation of her lifelong commitment to inclusivity, impactful mentorship, and the study of theatre. Conversation Highlights: (1:05) - Congratulations! Tell us about ATDS and this award.  (2:29) – Tell us about your background and Spartan pedigree. (3:50) - Your work is distinguished by your commitment to dismantling the narratives that have long dominated theatre education. Why and how did you overhaul the theatre curriculum? (8:08) - You're based in the Theatre Department, but you're involved all over campus. Talk about your role as chair of the President's Advisory Committee on Disabilities Issues at MSU and the cool progress at Spartan Stadium you played a role in. (11:48) - Why do you love teaching and mentoring and promoting curiosity and collaboration? (14:59) - Talk about the book you're working on about Actors' Equity Association, the union that represents professional actors in the United States. What is Actors' Equity and how does the book explore acting as work and unionized labor, a concept you believe is often misunderstood and ignored. (19:42) - How have you seen students change over the 15+ years you've been teaching at MSU? (22:11) - What challenges and opportunities await your students in whatever field the enter, and what are those facing current actors around the world? Listen to “MSU Today with Russ White” on the radio and through Spotify, Apple Podcasts, and wherever you get your shows.

The Prop King continues with his ATDs for MIA-BUF and then all plays for NYG-MIN and CIN-BAL. Then, it's time for side and totals for all 3 games! To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

The Prop King, Nick Kostos, makes an appearance to share his best plays for Chargers-Colts. To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

This episode is also available as a blog post: https://tcpaworld.com/2022/11/17/ninth-circuit-shuts-the-door-on-atds-claims-only-randomly-generated-telephone-numbers-trigger-the-tcpa-in-california/

This episode is also available as a blog post: https://tcpaworld.com/2022/10/03/short-cut-first-district-court-applying-panzarella-approach-grants-judgment-to-tcpa-defendant-but-does-it-take-atds-analysis-down-the-wrong-road/

This episode is also available as a blog post: https://tcpaworld.com/2022/06/23/credit-card-issuer-wins-big-atds-ruling-in-tcpa-suit-arising-out-of-debt-collection-calls/

This episode is also available as a blog post: https://tcpaworld.com/2022/06/15/nihlism-third-circuit-court-of-appeals-holds-everything-is-an-atds-but-that-it-doesnt-really-matter-anyway-chaos-ensues/

This episode is also available as a blog post: https://tcpaworld.com/2022/06/14/breaking-third-circuit-coa-issues-stunning-atds-case-determines-sql-database-part-of-atds-equipment-but-only-actual-use-of-atds-functionalities-trigger-statute/

This episode is also available as a blog post: https://tcpaworld.com/2022/06/02/debt-collectors-beware-court-certifies-tcpa-suit-involving-atds-calls-to-skiptraced-numbers-and-theres-a-twist/

This episode is also available as a blog post: https://tcpaworld.com/2022/03/29/vanishing-point-eighth-circuit-court-of-appeals-issues-atds-ruling-that-doesnt-quite-get-it/

Listen to Risk Settlements' latest podcast where Kevin Skrzysowski interviews Tery Gonsalves, a Partner and trial lawyer with the law firm Alston & Bird. Kevin and Tery look back on last year's landmark Supreme Court decision in Facebook and its impact on TCPA litigation, including Tery's winning Motion for Summary Judgment in Johansen v. Efinancial. The two discuss how to successfully raise the TCPA's safe harbor provision as a defense to alleged DNC list violations, how the courts have split on the meaning of obtaining express prior written consent, the ongoing risks of using ATDS and RoSNG technology, and the best practices for remaining in compliance with the TCPA as it stands today.  

This episode is also available as a blog post: https://tcpaworld.com/2022/03/07/barry-good-court-dismisses-atds-case-rejects-footnote-7-argument-relying-on-awesome-case/

This week we're joined by Austin Kocher (@ackocher), assistant professor at the Transactional Records Access Clearinghouse (TRAC) to talk about "Alternatives to Detention." As it turns out, these technologies are rarely used as "alternatives," but rather "in addition to" detention.  TRAC has some interesting data here: https://trac.syr.edu/whatsnew/email.220217.html… https://reuters.com/world/us/private-prison-company-test-us-house-arrest-program-immigrants-2022-02-16/…  

This episode is also available as a blog post: https://tcpaworld.com/2022/02/14/beyond-the-bounds-of-common-sense-huge-new-ruling-torches-the-text-are-prerecorded-voice-argument-plus-nice-atds-ruling-to-boot/

This episode is also available as a blog post: https://tcpaworld.com/2022/02/02/reserved-clever-trick-by-plaintiffs-lawyers-is-getting-tcpa-atds-allegations-past-the-pleadings-stage-in-spades/

This episode is also available as a blog post: https://tcpaworld.com/2022/01/24/irrelevant-court-chides-defendant-for-arguing-lack-of-atds-usage-in-tcpa-prerecorded-call-case/

This episode is also available as a blog post: https://tcpaworld.com/2022/01/20/ninth-circuit-rejects-fn7-holds-livevox-hci-is-not-an-atds-in-unpublished-decision/

This episode is also available as a blog post: https://tcpaworld.com/2022/01/11/more-of-the-same-another-court-holds-click-and-pause-allegations-sufficient-to-plead-atds-usage-post-facebook/

Hosted by Simone Roach On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself.  The Court, in a decision authored by Justice Sotomayor, held that a device must have the capacity to use a random or sequential number generator in either storing or producing a telephone number, to qualify as an ATDS under the TCPA.  Facebook, Inc. v. Duguid et al., Case No. 19-511 (2021). Blog Post - https://www.adlawaccess.com/2021/04/articles/supreme-court-ruled-that-the-definition-of-an-automatic-telephone-dialing-system-under-the-tcpa-is-limited-by-the-plain-grammar-of-the-statute-itself/ Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ Contacts Lauri A. Mazzuchetti
(973) 503-5910 
lmazzuchetti@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti Steven A. Augustino
(202) 342-8612
 saugustino@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Steven-A-Augustino Alysa Z. Hutnik
(202) 342-8603
 ahutnik@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik Becca J. Wahlquist (310) 712-6172 bwahlquist@kelleydrye.com Bio - https://www.kelleydrye.com/Our-People/Becca-J-Wahlquist Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/ Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape. www.kelleydrye.com Produced and recorded by Jeff Scurry

This episode is also available as a blog post: https://tcpaworld.com/2021/11/29/power-less-court-holds-mojo-power-dialer-may-be-an-atds-in-latest-facebook-setback/

Facebook, Inc. v Duguid (2021) was a United States Supreme Court case related to the definition and function of auto dialers under the Telephone Consumer Protection Act of 1991 (TCPA) to send unsolicited text messages. In a unanimous decision based on statutory interpretation of the TCPA, the Supreme Court ruled that auto dialers are defined by their function to either store or produce telephone numbers from a random or sequential number generator. Background. The Telephone Consumer Protection Act of 1991 (TCPA) was passed to cut down the number of unsolicited calls that consumers were receiving. Among its provisions, the TCPA disallowed the use of automated dialers from being used to contact consumers through services that may cost the consumer money, such as through cell phones or text messaging, with violations accessed and fined by the Federal Communications Commission (FCC). Amendments have been made to the TCPA; relevant to this case was an amendment added in 2015 that exempted automated calls made to pay-for consumer lines for federal debt collection purposes. Since its inception, this "auto dialer" provision of the TCPA has been challenged as a violation of free speech rights under the First Amendment of the United States Constitution, but the federal Circuit Courts have generally upheld all challenges to the statute. The 2015 amendment created a new line of arguments to challenge the auto dialer statute of the TCPA as it carved out an exception for one type of speech and made the whole statute fundamentally content-based and unconstitutional. Concurrent to this case, the judicial proceedings of Barr v American Association of Political Consultants, Inc., one of the direct challenges to the 2015 amendment that sought to invalidate the auto dialer statute of the TCPA, began working its way to the Supreme Court. Starting in 2014, Noah Duguid began receiving text messages on his cell phone from Facebook warning him about suspicious account activity, despite the fact he had not set up a Facebook account. Duguid reached out to Facebook to rectify the situation, but Facebook did nothing to stop the messages. Duguid filed a class-action lawsuit in the United States District Court for the Northern District of California in March 2015, asserting that Facebook violated the auto dialer statute of the TCPA because the messages he received were being placed by an automatic telephone dialing system (ATDS) and seeking $1,500.00 for each message he had received. Facebook objected to the lawsuit, challenging both Duguid's claim that their notification system for logic security was an ATDS, as the messages sent were targeted to specific phone numbers and not the sequential or random number behavior associated with ATDS, and asserting that the auto dialer statute of the TCPA with the 2015 amendment was a content-based speech restriction that violated the First Amendment. Due to the latter complaint, the federal government injected itself into the case to seek its dismissal in favor of Facebook as to protect the constitutionality of the TCPA. The judge agreed on the case's dismissal, ruling in Facebook's favor that Duguid had failed to show that Facebook's logic security notification system qualified as an ATDS. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app

This episode is also available as a blog post: https://tcpaworld.com/2021/11/01/a-new-friend-court-reconsiders-denial-of-msj-on-atds-issues-and-grants-judgment-to-defendant-after-all/

This episode is also available as a blog post: https://tcpaworld.com/2021/10/04/all-right-fine-heres-a-link-to-that-atds-webinar-everyones-been-asking-me-for/

This episode is also available as a blog post: https://tcpaworld.com/2021/09/17/quite-the-tcpa-trio-three-new-atds-cases-may-have-just-titled-the-tcpaworld-in-favor-of-text-usage-once-and-for-all/

This episode is also available as a blog post: https://tcpaworld.com/2021/08/17/140-days-later-here-are-five-things-to-know-right-now-about-how-courts-are-handling-atds-cases-post-facebook/

This episode is also available as a blog post: https://tcpaworld.com/2021/08/03/another-atds-pleading-survives-arizona-court-finds-atds-allegations-plausible-and-reminds-us-offers-to-buy-arent-solicitations/

This episode is also available as a blog post: https://tcpaworld.com/2021/07/13/awesome-tcpa-win-court-finds-facebooks-clear-holding-requires-use-of-rsng-and-not-just-capacity-to-qualify-as-atds/

This episode is also available as a blog post: https://tcpaworld.com/2021/07/13/redemption-navient-walks-away-with-atds-win-after-all/

This episode is also available as a blog post: https://tcpaworld.com/2021/06/22/atds-claim-dismissed-under-facebook-triggered-calls-from-alarm-company-do-not-give-rise-to-tcpa-claim/

This episode is also available as a blog post: https://tcpaworld.com/2021/06/17/more-bad-atds-news-another-case-survives-the-pleadings-stage-post-facebook/

This episode is also available as a blog post: https://tcpaworld.com/2021/06/16/facebook-fn7-proves-clostly-first-case-holding-system-may-be-atds-under-facebook-fn7-is-out-but-theres-a-silver-lining/

This episode is also available as a blog post: https://tcpaworld.com/2021/06/10/huge-tcpa-win-court-finds-aspect-predictive-dialer-not-an-atds-explains-away-footnote-7/

This episode is also available as a blog post: https://tcpaworld.com/2021/06/01/predictive-dialer-not-atds-after-facebook-in-huge-post-facebook-ruling-court-grants-defendant-summary-judgment-but-will-other-courts-follow/

This episode is also available as a blog post: https://tcpaworld.com/2021/05/13/quick-post-facebook-update-where-are-all-the-atds-rulings/

This episode is also available as a blog post: https://tcpaworld.com/2021/04/19/what-will-appellate-courts-do-with-facebook-new-scotus-remands-put-the-atds-ball-back-in-familiar-courts/

This episode is also available as a blog post: https://tcpaworld.com/2021/04/01/facebook-is-out-the-6-most-critical-take-aways-and-one-most-important-question-following-the-supreme-courts-huge-tcpa-atds-ruling-today/

This episode is also available as a blog post: https://tcpaworld.com/2021/04/07/breaking-first-district-court-ruling-applying-facebook-is-out-holds-atds-allegations-survive-the-pleadings-stage/

The auto finance industry has recently seen the removal of certain ambiguities in compliance and regulation practices.The U.S. Supreme Court, for one, clarified the definition of an automatic telephone dialing system in its April 1 decision of Facebook v. Duguid, providing auto lenders a better understanding of what an ATDS is, and how to apply that knowledge to their processes. The Telephone Consumer Protection Act continues to be a point of contention for auto lenders and regulators.

On December 8, 2020, the Supreme Court will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system (ATDS). In this latest episode of the Inside the TCPA series, Partners Steve Augustino and Paul A. Rosenthal set the stage for the case and discuss the FCC actions leading up to the current status of the ATDS definition. In the second part of this podcast, originally recorded for Kelley Drye’s Ad Law Access podcast (https://soundcloud.com/adlawaccess), Paul does a deeper dive into Facebook v. Duguid and its implications. Kelley Drye’s TCPA Tracker newsletter Visit - www.kelleydrye.com/News-Events/Pub…rs/TCPA-Tracker Subscribe - www.kelleydrye.com/News-Events/Pub…a-tracker?dlg=1

The new Supreme Court Term is underway and for the second straight Term, and second time in 2020, the Court will address a Telephone Consumer Protection Act (TCPA) question. On December 8, 2020, the Justices will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system. On the latest episode of the Ad Law Access podcast, litigation partner Paul Rosenthal provides some background on where things stand with the TCPA, level-set on the current status of the ATDS definition, and lay out some of the potential implications for the Court’s ruling. If you have any questions or concerns about the technology that you’re using or your particular telemarketing procedures, our team of compliance and litigation specialists would be happy to talk through your practices or campaign and offer practical feedback and evaluation of the potential risks on this quickly evolving topic. Contact: Paul A. Rosenthal - https://www.kelleydrye.com/Our-People/Paul-A-Rosenthal paulrosenthal@kelleydrye.com (973) 503-5943 For additional information, please visit: Kelley Drye’s TCPA Tracker newsletter Visit - www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker Subscribe - www.kelleydrye.com/News-Events/Publications/Newsletters/tcpa-tracker?dlg=1 TCPA and Telemarketing Section of the Advertising and Privacy Law Resource Center www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security Ad Law Access Blog www.adlawaccess.com/articles/telemarketing/ COMMLAW Monitor blog www.commlawmonitor.com/?s=tcpa Full Spectrum podcast www.kelleydryefullspectrum.com/

Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and Ninth Circuits taking a broad approach while the Third, Seventh, and Eleventh Circuits have charted a narrower standard for defining an ATDS. Making his podcast debut, special counsel Paul A. Rosenthal, provides an update on ATDS issues, walks through the different standards for an ATDS under the TCPA, and discusses where that leaves telemarketers and litigants going forward. For more information: Sign up for our monthly TCPA Tracker here www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker Visit our blog, Ad Law Access at www.adlawaccess.com/articles/telemarketing/ and the Advertising and Privacy Law Resource Center for additional information on this and other topics www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center.

ACA International's Members Attorney Program Committee member Leslie Bender, IFCCE, CCCO, CIPP/US, chief strategy officer and general counsel with BCA Financial Services Inc., along with Eric Troutman, partner, and Daniel Delnero, senior attorney, at Squire Patton Boggs, discuss recent Telephone Consumer Protection Act (TCPA) developments and the current TCPA landscape in general. Support the show (http://www.acainternational.org)

Well we're back folks and you cannot miss this.   Dusting off the fun and sun of summer, the TCPAWorld team is back in action. We breakdown all the big TCPA developments over the last few months, including: The passage of TRACED and Stopping Bad Robocalls Act in the Senate and House respectively, and the gap between the two statutes and how Congress might ultimately harmonize these enactments to get to a final Anti-Robocall Bill; The Supreme Court's battle for the soul of legislative power in this nation, using the TCPA as its pawn-- and what it may mean for future TCPA rulings handed down by regulatory agencies; We review the ATDS landscape and discuss why it really looks like a true majority position is developing surrounding the definition of the ATDS; and We breakdown the Eleventh Circuit's huge ruling in Salcedo holding that unwanted text messages do not necessarily cause concrete injury for Article III standing--including an analysis of what makes Salcedo difference from other Spokeo decisions. And then we get to the incredible interview with Margaret Daum.  What a hitter! Margaret spent over a decade conducting sensitive and high-profile congressional investigations on the hill. She was actually part of the powerful Permanent Subcommittee on Investigations. My goodness– who better to help guide us through the process of these two bills (TRACED and SBRA) merging together to become one–and how best to get me (the Czar) to testify before Congress. (And who better to help guide you through any sticky Congressional investigation in the extremely unfortunate event you or someone you love (or work for) gets sucked into one.) Per usual this episode of Unprecedented is jam-packed, fast-moving TCPA excitement. Enjoy! Host: The Czar Cast:   Archduke, Duchess

If there is one firm that has cashed in the most from the explosion of TCPA litigation over the last few years it is surely Morgan & Morgan.   Billing themselves as the largest plaintiff’s law firm in the world, Morgan & Morgan’s aggressive consumer protection department has boasted nearly 10% of all TCPA filings over the last 4 years. Their lawyers have single-handedly made the Middle District of Florida ground zero for the TCPA explosion and have recently expanded their footprint into Georgia, Tennessee and even far flung jurisdictions like Michigan and California. And as the firm transitions toward a greater focus on class litigation the near “limits” resources available to Morgan & Morgan make it a dangerous “go the distance” adversary that everyone needs to take seriously. In a revealing interview with the head of Morgan & Morgan’s consumer protection department– Tav Gomez– the Unprecedented podcast team unpackages all the big TCPA developments and explore the consumer bar’s perspective on matters such as the ATDS definition and the impact of AAPC, striking down part of the TCPA. Host: The Czar Cast:   Czarina, Archduke, Grand Duchess Topics: 2:30– Revtich v. Citibank— We beak down the big wrong number TCPA class action denial. 12:04— With two new petitions seeking reconsideration of the FCC’s reassigned number database now pending, when can we expect a roll out? 20:00— AAPC v. FCC! We break down this huge new ruling striking down federally-backed debt exemption as unconstitutional  26:38—  Interview with Tav Gomez and Frank Kerney of Morgan & Morgan

The third episode of Unprecedented is absolutely groundbreaking as we speak with the CEOs of the two most recognized robocall tracking indexes in the world– Alex Quilici of YouMail (publisher of the Robocall Index) and Alex Algard of Hiya (publisher of the Robocall Radar.) In a remarkable first-of-its-kind exchange, these CEOs hash out what a robocall really is, how tracking consumer behavior can help us better understand the scale and appropriate response to the robocall epidemic, and how advances in technology and sophisticated algorithms are being leveraged in the private sector to bring an end to this catastrophic robocall rise. We also fact-check the statements made by the NCLC regarding robocall volumes to Congress in an interview recorded the same day the testimony took place.  Wow!   Host: The Czar Cast:   Grand Duchess, Duchess,  Countess Topics: Court enforces arbitration agreement on behalf of a non-signatory– 3:17 A massive multi-source collection class action is certified— is TCPAWorld changed forever? — 6:50 Marks creeps into the First Circuit Court of Appeal footprint as a court in Mass recognizes that dialing from a list equates to ATDS usage–  14:27 Interview with YouMail and Hiya CEOs to discuss Robocall Index and Robocall Radar and break down robocall tracking approach— 37:45

The ACA International v. FCC decision handed down by the D.C. Circuit Court was a major step forward in launching TCPA reform support from Congress while forcing the FCC to consider its previous actions. Courts have ruled differently on this issue, at times even ignoring the D.C. Circuit, confirming ACA’s position that the accounts receivable management industry is ripe for frivolous, unnecessary litigation and TCPA reform from the FCC is essential. In this riveting episode of ACA Cast, Rick Perr, an ACA Board Member and partner with Fineman Krekstein & Harris, PC in Philadelphia, and David Kaminski, a partner and chair of the financial services and class action group, Carlson & Messer LLP, Los Angeles, engage in a lively and informative discussion about the case and its impact on business. Support the show (http://www.acainternational.org)

The second episode of Unprecedented breaks more new ground with a break down of the FCC ATDS compromise. If your organization has a call center or outreach program, you simply can’t afford to miss the valuable insights you can glean from this candid discussion with TCPA mass-filer Todd Friedman. Host: The Czar Cast:  Knight, Archduke, Duchess,  Countess Topics: Court holds that random and sequential number generation is needed for ATDS usage in text context. (Gadelhak v. AT&T Servs., No. 17-cv-01559 (March 29, 2019)– 3:09 What is the standard for willfulness under the TCPA and what evidence meets that standard? (N.L. v. Credit One Bank, N.A., 2019 U.S. Dist. Lexis 64622, No. 2:17-cv-01512-JAM-DB, decided March 29, 2019.) — 9:24 How was a virtual number provider held liable for a TCPA violation for calls it did not make?– 15:32 Can wrong number callers rely on the consent of a prior subscriber to a number? One new case says yes. We break it down.- 25:25 New ATDS compromise position pitched to the FCC. Will it break the logjam? Here’s why it should.–  31:10 Interview with Firestarter Todd Friedman— 37:45

The team discusses the FCC’s new rules on the reassigned number database rule that isn’t actually a reassigned number database. We also bring you up to speed on the multi-millions of dollars that have been swirling around in the class action space with some big class settlements and fee awards. And to cap off the first season of the Ramble, we bring you not one but two special interviews. This week we’re joined by Tonia Klausner, Partner at Wilson Sonsini Goodrich & Rosati who was officially anointed by the Baron as the “Queen” of the TCPA. Here Tonia and the Baron discuss views and insights on the hottest TCPA topics, including the latest on ATDS, the Supreme Court’s cert grant in the PDR case, and more! We’re also joined by Peggy Daley, Managing Director at the Berkley Research Group who tells the Czar all about the intel and other helpful services she’s able to provide to investigate class action Plaintiffs and pick apart their experts.

This week on the Ramble: The big news of the day is the just announced TRACED Act. The good news is it seeks to give the FCC the authority it has always needed–and never had–to require call identity validation and cut down on spoofed calls. The bad news is that it modifies the existing TCPA to encourage the FCC to bring more lawsuits against more businesses and gives the FCC an even heavier cudgel (sort of) to threaten folks with. A great result in Johnson v. Yahoo!, Inc., Notably, this is now the second court outside the Ninth Circuit to expressly refuse to follow Marks on the basis there’s no ambiguity in the statutory definition of ATDS. The decision in Zemel v. CSC Holdings results in one of the greatest TCPA decision one-liners ever. In a shocking development a District Court orders plaintiff to show cause why TCPA class action shouldn’t be stayed based on challenges to constitutionality in Gallion v. Charter Commc’ns, Inc. The Head of Legal and Compliance for QuinStreet, Marty Collins, joins the Ramble to discuss how to obtain valid consents and much more.

The FCC welcomed Comments on how to interpret what an Automatic Telephone Dialing Systems(ATDS) is under the TCPA, which targets telephone solicitations that rely upon equipment that have the capacity to store or produce numbers using a random or sequential number generator, and to dial those numbers without human intervention. This comes after the ACC International v. FCC ruling where the FCC’s interpretation of an ATDS in its’ 2015 Declaratory Ruling and Order was held as overly broad. That interpretation encompassed all technology with both the present and theoretical capacity as an ATDS, which meant smartphones would be viewed as an ATDS. Will the FCC revert back to a broader interpretation or will the narrower approach prevail? Today we welcome Charlie Kennedy, Adjunct Fellow for TechFreedom, and Jim Dunstan, General Counsel for TechFreedom, to discuss which interpretation of an ATDS is best for both consumers and businesses. For more info, see TechFreedom’s statement on the issue, and the comments we filed with the FCC.

Kelley Drye introduces a new Full Spectrum series, “Inside the TCPA,” which will offer a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this inaugural episode, partner Steve Augustino and associate Jenny Wainwright discuss the definition of an autodialer or ATDS. This episode addresses the 2018 D.C. Circuit decision in ACA International and the FCC’s new proceeding to examine the definition. With initial comments having been filed on June 13th, Steve and Jenny analyze the principal arguments made by commenters and discuss whether Congress will weigh in on the matter. Future episodes of “Inside the TCPA” will tackle reassigned numbers, consent, and other topics raised before the FCC. This is a companion to Kelley Drye’s comprehensive list of petitions before the Commission available in our monthly TCPA Tracker newsletter. Please contact us if we can assist you with any of the FCC proceedings.

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