Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 3226 key 2015 Trends 2015 developments include the FCC’s continued efforts to modernize the TCPA and expand its scope with a package of declaratory rulings addressing the TCPA’s ap- plication to new technology and continued clarification of definitions under the TCPA, particularly the meaning of “prior express written consent,” which the FCC recently re-defined from “prior express consent” in 2012. Also of note was the increase in consumer class action activity over TCPA violations, a trend expected to continue this year. some 2015 Highlights FCC Ruling Potentially Expands Scope of TCPA. The FCC continued to clarify and modernize the TCPA through passage of FCC 15-72, which altered the TCPA in several significant areas. That opinion is on appeal (ACA, Int’l v. FCC, Case No. 15-211 (D.C. Cir. 2015); Prof’l Ass’n for Customer Engagement v. FCC, No. 15-1244 (D.C. Cir. filed July 29, 2015)), and could unwind the FCC’s order as to the rules and definitions governing reassigned wireless numbers, consent obtained via smartphone application downloads, inclusion of text messages in the definition of “calls” under the TCPA, and a change to the definition of an “auto-dialer.” telephone consumer protection act In 2015, Goodwin monitored regulatory developments and tracked notable Telephone Consumer Protection Act (TCPA) cases throughout the year. Of note this year was the passage of FCC 15-72, which was intended to provide clarification about consumers’ rights under the TCPA, and expanded the TCPA’s coverage to text messages and smartphone applications. Court cases during 2015 continued to clarify the meaning of “prior express written consent,” as well as the statutory terms “autodialing,” and “telemarketing.”