[Effective until 1/8/2024] Delivery restrictions
| Currency | Current through May 31, 2023 |
| Citation | 47 C.F.R. §64.1200 |
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21 cases
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Aguilar v. State Farm Mut. Auto. Ins. Co.
...or prerecorded voice . . . to any telephone number . . . for which the party is charged for the call." 47 USC § 227(b)(1)(A)(i)-(iii); 47 C.F.R. § 64.1200. A caller using an automatic telephone dialing system ("ATDS") must have prior express consent by the person being called. § 227(b)(1)(A......
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Morris v. Lincare, Inc.
...Lincare used prerecorded messages to make non-emergency calls to Plaintiff's cellular telephone in violation of 47 U.S.C. § 227 and 47 C.F.R. § 64.1200. Id. ¶¶ 40-43. Count II, Plaintiff sues Lincare for violation of the FTSA, Florida's statutory counterpart to the TCPA. Id. ¶¶ 48-55. She a......
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Callier v. Tip Top Capital Inc.
...this subsection may” bring an action “in an appropriate court.” The “regulations prescribed under this subsection” are codified at 47 C.F.R. § 64.1200. 47 C.F.R. 64.1200(c)(2) makes it an offense to “initiate any telephone solicitation to . . . [a] residential telephone subscriber who has r......
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Barton v. Walmart Inc.
...(1990). C. FEDERAL LAW CLAIM: TCPA CLAIM The Plaintiff asserts a TCPA claim under 47 U.S.C. § 227(c) and its implementing regulation, 47 C.F.R. § 64.1200. Dkt. 12. Walmart argues that the Plaintiff's TCPA should be dismissed because the text messages at issue were not “telephone solicitatio......
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19 firm's commentaries
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Statutory Class Actions: Developments and Strategies
...Rcd. 1830, 1831 (2012). The TCPA places restrictions on certain telemarketing calls, text messages, and faxes. See 47 U.S.C.A. § 227; 47 C.F.R. § 64.1200. The TCPA also provides consumers with a private right of action under which a consumer may recover between $500 and $1,500 for every vio......
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U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA
...[2] 47 U.S.C. § 227. [3] Id. § 227(b)(1)(A)(iii). Whether written or oral consent is required depends upon the content of the calls. 47 C.F.R. § 64.1200(a)(1), (2). [4] See, e.g., Salcedo v. Hanna, 936 F.3d 1162, 1166 (11th Cir. 2019). [5] 47 U.S.C. § 227(b)(1), (b)(3). [6] We described thi......
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Advertised Businesses Not Liable for Unauthorized Fax Advertisements, FCC Declares
...facsimile unsolicited advertisement is sent or whose goods or services are advertised or promoted in the unsolicited advertisement.” 47 C.F.R. § 64.1200(f)(10) (2019).[1] The Commission also has observed that the “sender” of a fax is usually, but not always, the business advertised in the f......
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FCC Clarifies That Government Contractors Must Obtain Prior Express Consent Under the TCPA
...contractors may avail themselves of one of the TCPA’s statutory exemptions to the consent requirement. 1 47 U.S.C. § 227(b)(1)(A); 47 C.F.R. § 64.1200(a). 2 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Broadnet Teleservices LLC Petition for Declaratory R......
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