After being challenged in court by the telemarketing industry,[citation needed] the National Do Not Call Registry received Congressional ratification in the speedy enactment of Do-Not-Call Implementation Act.
In February 2024, the FCC issued a Declaratory Ruling that speech synthesis via generative audio (deepfakes) is considered an "artificial" voice for the purposes of the TCPA.
The Ninth Circuit held that the TCPA applies to unsolicited cellular telephone text messages advertising the commercial availability of goods or services as "calls" made in violation of the act: In June 2007, a ruling (later overturned) was handed down in class action case Satterfield v. Simon & Schuster, No.
June 26, 2007), a case involving the transmission of SMS text messages promoting a popular author's "mobile club" to cellular phones, such as the one used by a seven-year-old child.
The Ninth Circuit Court of Appeals reversed and reinstated the potentially 90 million dollar lawsuit against publishing giant Simon & Schuster.
A settlement was finally approved by Judge Claudia Wilken on August 6, 2010, which would pay out $175 to each class member who files a claim.
[18][19] In August 2014, Capital One Financial Corp., AllianceOne Receivables Management Inc., Leading Edge Recovery Solutions, LLC and Capital Management Services, L.P. entered into an agreement to pay $75.5 million to end a consolidated class action lawsuit pending in the United States District Court for the Northern District of Illinois alleging that the companies used an automated dialer to call customers' cellphones without consent.
of Political Consultants, Inc., 591 U.S. ___ (2020), which ruled this created a content-based restriction on free speech that failed strict scrutiny, and invalidated the exemption but leaving the rest of the statute in place due to severability.
[23][24] In August 2019, the 11th Circuit Court of Appeals found a single text message was not enough to obtain Article III standing under TCPA.
[23][29] In September 2020, the Eastern District of Texas found a single missed call using a localized number was enough trigger Article III standing under TCPA.
It only takes one glance at a text message to recognize it is for an extended warranty for a car you have never owned or a cruise you have won from a raffle you never entered.
"[30][31] In October 2020, the Northern District of Ohio found the TCPA was unconstitutional from 2015 through 2020 due to the "government-debt" exception, which exempted calls made to collect a debt owed or guaranteed by the United States.
The case ruled that an automatic system that may phone a user from a stored number but otherwise not generated in a random or sequential way (such as for two-factor authentication) does not meet this definition under the TCPA.
The sum includes forfeiture orders in cases involving robocalling, Do Not Call Registry and telephone solicitation violations.
[38] In March 2021 the FCC issued a fine of $225 million against the Texas-based telemarketers John C. Spiller and Jakob A. Mears, after they made approximately one billion robocalls to people across the country.
New York District Judge Victor Marrero accused them of specifically targeting areas with large African American populations.