Supreme Court Agrees to Hear TCPA-Related Case

Last week, the Supreme Court agreed to take on PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax case with potentially significant implications. The Court will focus primarily on the following issue: "Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act." The Hobbs Act grants Federal District Courts of Appeals "jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of final orders, rules, or regulations (under certain circumstances) made by or under the [Federal Communications Commission]," as well as several other entities. In other words, this Supreme Court ruling will indicate whether Federal District Courts of Appeals may challenge the FCC’s interpretation of the TCPA and if the FCC’s actions related to the TCPA or other regulations exceed the statutory authority given to the FCC by Congress. View the docket for this case here. Contact a telemarketing attorney if you need help understanding telemarketing compliance, telemarketing rules, autodialer laws, cell phone telemarketing laws, robocall laws, telemarketing fines, and telemarketing licenses.

Court Allows TCPA Claim to Continue After Death of Plaintiff

In William J. Sharp v. Ally Financial Inc., the Court has ruled that the case can continue even though the defendant passed away from cancer in 2016. William Sharp filed a TCPA complaint in 2015 after the defendant allegedly called him 24 times in an 80-minute period. New York Judge Elizabeth A. Wolford held that the case could continue after his death, as the TCPA is remedial rather than penal. Jude Wolford states in the ruling, "The private right-to-action was included in the bill so that afflicted consumers could recover damages resulting from the nuisance of abusive telephone and facsimile practices, a conclusion that suggests a more remedial character." Under Federal Law, remedial claims can survive a party's death. Read the full ruling here. Contact a TCPA lawyer if needed. Learn more about telemarketing regulations. To have a free compliance consultation, contact a telemarketing law firm.

Law Firm Wins $12.8 Million Judgment Against Alleged Caller ID Spoofers

A Miami law firm has won a $12.8 million judgment against a company that allegedly used caller ID spoofing technology to make it seem as if their insurance marketing calls were coming from the firm. The firm, Aballi Milne Kalil, noticed the issue when they started to receive numerous calls from consumers who claimed that they had missed calls from their number. The Judge in the case ordered the defendant, Sidqcon Pty Ltd., to pay damages of $10,659,000 for violations of the Florida Telemarketing Act and $2,131,800 for harmful interference with business relationships. Read a more detailed article about this judgment here.