Tag: Prerecorded Call/Artificial Voice

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Court Reaffirms Dismissal of TCPA Claims By Professional Plaintiff
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FCC Clarifies TCPA Applicability for Certain Calls from Utilities, Schools

Court Reaffirms Dismissal of TCPA Claims By Professional Plaintiff

By Joseph C. Wylie II, Molly K. McGinley, and Lexi D. Bond

In a decision released last week, the District Court for the Northern District of Illinois denied a plaintiff’s motion for an order altering the court’s order dismissing the second amended complaint without prejudice and granting it leave to file an amended complaint. In Telephone Science Corporation v. Asset Recovery Solutions, LLC, the court previously granted defendant Asset Recovery Solutions, LLC’s (“ARS”) Rule 12(b)(6) motion to dismiss the second amended complaint of plaintiff Telephone Science Corporation (“TSC”), with prejudice, for failure to satisfy the “zone-of-interests” test under the Telephone Consumer Protection Act (“TCPA”) (previously discussed here).

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FCC Clarifies TCPA Applicability for Certain Calls from Utilities, Schools

By Joseph C. Wylie II, Molly K. McGinley, Nicole C. Mueller

On August 4, 2016, the Federal Communications Commission (the Commission) released a Declaratory Ruling clarifying the meaning of the “emergency purpose” exception to the Telephone Consumer Protection Act’s (TCPA) prohibition on certain autodialed or prerecorded-voice calls.  The Commission also found that the voluntary provision of cellphone numbers to schools or utilities constituted prior express consent to calls “closely related to” the educational and utility services offered by the callers.

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