47 CFR 64.1200 - Delivery restrictions

Cite as47 CFR 64.1200
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
1277 practice notes
  • Federal Trade Commission,
    • United States
    • Federal Register January 30, 2002
    • January 30, 2002
    ...to its mandate under the TCPA.\235\ \235\ P.L. 102-243, 105 Stat. 2394, codified at 47 U.S.C. 227. The FCC's regulations are set out at 47 CFR 64.1200. The Commission proposes to modify the original Rule to effectuate the USA PATRIOT Act amendments, and to provide consumers with an alternat......
  • Telemarketing sales rule,
    • United States
    • Federal Register January 29, 2003
    • January 29, 2003
    ...regarding any item contained in Sec. 310.3(d) if the solicitation is for a charitable contribution). \80\ See Worsham-NPRM at 6. \81\ 47 CFR 64.1200(a)(2). \82\ 47 CFR Section 310.2 -- Definitions. The amended Rule retains the following definitions from the original Rule unchanged, apart fr......
  • Response programs for unauthorized access to customer information and customer notice; interagency guidance,
    • United States
    • Federal Register March 29, 2005
    • March 29, 2005
    ...voice to deliver a message, without the prior express consent of the called party, unless such call is for ``emergency purposes.'' \33\ 47 CFR 64.1200. The final Guidance does not address the TCPA, because the TCPA is interpreted by the Federal Communications Commission (FCC), and the FCC h......
  • Telemarketing Sales Rule
    • United States
    • Federal Register December 14, 2015
    • December 14, 2015
    ...\447\ Telemarketing Sales Rule Fees, 68 FR 45134, 45136 nn.29-30 (July 31, 2003) (citing 47 CFR 64.1200(c)(2)(i)(E), as amended July 3, 2003)). The prohibition is necessary because ``allowing telemarketers and others to share the information obtained from the national registry would threate......
  • Request a trial to view additional results
988 cases
  • Holmes v. BACK DOCTORS, LTD., Civil No. 09-540-GPM.
    • United States
    • United States District Courts. 7th Circuit. Southern District of Illinois
    • March 12, 2010
    ...Consumer Protection Act of 1991; Junk Fax Prevention Act of 2005, 71 Fed. Reg. 25967-01, 25973 (May 3, 2006) (to be codified at 47 C.F.R. § 64.1200)). After dismissing Holmes's TCPA claim, the Court declined to exercise supplement jurisdiction over Holmes's claims for conversion 695 F. Supp......
  • Landsman & Funk Pc v. Skinder–strauss Associates, Nos. 09–3532
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 4, 2011
    ...Class C, consisting of all persons to whom defendant sent or caused to be sent a fax, which did not contain a notice as required by 47 C.F.R. § 64.1200(a)(3)(iii), between August 1, 2006 through the present. 2. In Landsman & Funk, P.C. v. Skinder–Strauss Associates, 636 F.Supp.2d 359 (D.N.J......
  • Kaufman v. Acs Systems, Inc., No. B155804.
    • United States
    • California Court of Appeals
    • July 22, 2003
    ...Sept. 17, 1992; released Oct. 16, 1992) 7 F.C.C.R. 8752, appen. B, 1992 WL 690928 [1992 F.C.C. Lexis 7019, pp.**87-**95], codified at 47 C.F.R. § 64.1200 (2003).) 4. Interplay Between State and Federal Law In 1992, the California Legislature enacted section 17538.4 as a stopgap measure to p......
  • Magana Cathcart McCarthy v. Cb Richard Ellis, Inc., No. B203777.
    • United States
    • California Court of Appeals
    • May 21, 2009
    ...Act. (Rules and Regs. Implementing the Telephone Consumer Protection Act of 1991, Report and Order (1992) 7 F.C.C.R. 8752; see also 47 C.F.R. § 64.1200 (2008).) In a footnote to the Report and Order for those rules, the FCC explained that "[i]n banning telephone facsimile advertisements, th......
  • Request a trial to view additional results
191 firm's commentaries
  • BakerHostetler 2013 Year-End Review of Class Actions (and what to expect in 2014)
    • United States
    • JD Supra United States
    • January 23, 2014
    ...for Holtzman kept an electronic log of all of the fax numbers that had successfully received the 148 47 U.S.C. § 227(b)(1). 149 47 C.F.R. § 64.1200(f)(8). 150 Id. 151 728 F.3d 682 (7th Cir. 2013). 152 47 U.S.C. 227(b)(3)(B).-40 -advertisements. So there would be no individualized inquiry pr......
  • Statutory Class Actions: Developments and Strategies
    • United States
    • JD Supra United States
    • March 3, 2015
    ...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......
  • Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation
    • United States
    • JD Supra United States
    • March 26, 2021
    ...Consumer and Governmental Affairs Bureau within the FCC issued the March 20, 2020 declaratory ruling.2 47 U.S.C. § 227(b)(1)(A)-(B).3 47 C.F.R. § 64.1200(f)(4).4 See 7 FCC Rcd. 8752, 8788 (1992).5 Mar. 20, 2020 Ruling at ¶ 7.With myriad other pressing issues pending before it, including the......
  • Redial: 2019 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation
    • United States
    • JD Supra United States
    • February 12, 2020
    ...within the previous 18 months, or (b) the consumer inquired about the seller’s goods/services within the previous three months.1 47 C.F.R. § 64.1200(d).2 16 C.F.R. § 310.4(b)(iii)(B)(2).3 47 C.F.R. § 64.1200(c)(2).State DNC rules can vary, however, on the scope of the EBR exception. Althoug......
  • Request a trial to view additional results
4 books & journal articles
  • The "strangest statute" Chief Justice Roberts has seen: uncertainties of litigating TCPA "junk fax" class actions.
    • United States
    • Florida Bar Journal Vol. 89 Nbr. 9, November 2015
    • November 1, 2015
    ...(11th Cir. 2008) ("The TCPA is essentially a strict liability statute which imposes liability for erroneous unsolicited faxes."). (15) 47 C.F.R. 64.1200(f)(10) (emphasis added). See also In the Matter of Rules and Regulations Implementing the Tele phone Consumer Protection Act of 1991, 21 F......
  • Privacy
    • United States
    • West's Encyclopedia of American Law Po–San
    • January 1, 2005
    ...from certain forms of telephone solicitation, which has developed into a common annoyance in U.S. households. Under these regulations (47 C.F.R. § 64.1200), a company may not initiate a telephone call by using an automatic dialing system or an artificial or prerecorded voice without prior c......
  • Direct marketing, mobile phones, and consumer privacy: ensuring adequate disclosure and consent mechanisms for emerging mobile advertising practices.
    • United States
    • Federal Communications Law Journal Vol. 60 Nbr. 2, March - March 2008
    • March 1, 2008
    ...Do Not Call Registry or made a company-specific do-not-call request. See generally 47 C.F.R. [section] 64.1200 (c)-(d). (167.) 47 C.F.R. 64.1200(a)(2). (168.) 47 U.S.C. [section] 227(a)(4). The regulations also exclude calls for emergency purposes, calls that are not made for a commercial p......
  • Faxes and e-mail: don't forget the opt outs!(CAN-SPAM Act of 2003)
    • United States
    • ABA Bank Marketing Vol. 41 Nbr. 1, January - January 2009
    • January 1, 2009
    ...likely be flooded with spam, which would defeat the purpose. Advertisements sent via fax fall under the Junk Fax Prevention Act of 2005. [47 CFR 64.1200] To send an ad via fax, though, the recipient must have an "established business relationship" with the sender (meaning permission or some......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT