As we have previously reported, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Order (“Order”) on July 10, 2015, clarifying several sections of the Telephone Consumer Protection Act (“TCPA”) and its implementing regulations. One important clarification addressed a petition filed by the American Association of Healthcare Administrative Management (“AAHAM”) in October 2014 regarding … Continue Reading
Ambiguities in the Telephone Consumer Protection Act (TCPA) have been a recent topic of interest. This past week, the FCC finally released the long awaited TCPA Omnibus Declaratory Ruling and Order resolving 21 petitions on many issues associated with the enforcement and interpretation of the Act. As the authors note in yesterday’s Reed Smith Client Alert, … Continue Reading
For years industry groups have been petitioning the Federal Communications Commission (FCC) to clarify ambiguities in the Telephone Consumer Protection Act (TCPA), which make it difficult for businesses to comply and leave them vulnerable to litigation. Finally, on June 18, 2015, the FCC responded. As discussed in a Client Alert by Reed Smith attorneys Judith … Continue Reading
The United States Supreme Court has declined to hear a challenge to the Alameda County Drug Disposal Ordinance (“Ordinance”) brought by three pharmaceutical trade organizations. The Court’s decision leaves in force the Ninth Circuit decision, which found that the Ordinance, requiring pharmaceutical manufacturers to fund drug take-back programs in the county, did not interfere with … Continue Reading
The Pharmaceutical Research and Manufacturers of America (PhRMA), the Biotechnology Industry Organization (BIO), and the Generic Pharmaceutical Association (GPhA) have jointly filed a Petition for a Writ of Certiorari with the U.S. Supreme Court, asking for review of the Ninth Circuit's decision in PhRMA v. County of Alameda, in which the court ruled that Alameda County's Safe Drug Disposal Ordinance - requiring pharmaceutical manufacturers to establish or participate in a program for collecting unwanted prescription drugs from consumers - was constitutional.… Continue Reading
The Alameda County (CA) Safe Drug Disposal Ordinance (Alameda County Code Chapter 6.53, §§ 6.53.010-6.53.120) is one of several county-wide regulations across the United States to enforce the establishment of and/or participation in Product Stewardship Plans on the part of pharmaceutical manufacturers, with the ultimate goal of collecting unwanted drugs for purposes of disposal. The … Continue Reading
France has recently adopted the class action system. This system is, however, framed and - temporarily - excludes health- or environment-related litigation. An overhaul is already scheduled in 30 months.… Continue Reading
