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Do Not Call List

Kilpatrick

N.C. district court makes clear that cell phone may constitute a residential phone in denying motion to dismiss TCPA class action

Kilpatrick on

A North Carolina federal district court recently denied a motion to dismiss a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”) based on the receipt of text message solicitations....more

Kelley Drye & Warren LLP

State AGs Aim Spotlight on Robocall ​“Gateway” Service Provider

Kelley Drye & Warren LLP on

Combatting robocalls has been and continues to be an important area of enforcement for State Attorneys General, as we have previously reported. On October 18, 2024, the Anti-Robocall Multistate Litigation Task Force (Task...more

Klein Moynihan Turco LLP

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

Klein Moynihan Turco LLP on

On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

Womble Bond Dickinson

New FCC TCPA Consumer Consent Revocation Mandates Effective April 11, 2025

Womble Bond Dickinson on

In February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that...more

Manatt, Phelps & Phillips, LLP

Questions About Phone’s Business Use Defeat Class Certification

A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business. Christopher Payne filed a putative class action against Sieva Networks, alleging...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Florida Federal Court Upholds Prior Express Invitation and Draws...

In a significant new decision, a federal court in Florida dismissed a class action in Harrell v. Aquion, Inc., Home Depot U.S.A., Inc., and A&B Marketing, Inc., 2024 WL 4188389 (M.D. Fla. Sept. 13, 2024), holding that a...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — September 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we discuss a...more

Klein Moynihan Turco LLP

Court Rules TCPA Consent Cannot be Transferred

On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more

Troutman Pepper

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

Troutman Pepper on

In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Orrick, Herrington & Sutcliffe LLP

District Court finds job recruitment texts are not “solicitations” under the Telephone Consumer Protection Act

Recently, the U.S. District Court for the Central District of California recently dismissed a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) against a mortgage company. The plaintiff, who...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - September 2024

Troutman Pepper on

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week... ...more

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Troutman Pepper

Telemarketer Fees to Access the National Do Not Call Registry to Increase

Troutman Pepper on

On August 27, the Federal Trade Commission (FTC) announced an update to the fees telemarketers must pay to access phone numbers on the National Do Not Call (DNC) Registry for the fiscal year 2025. The revised fees will take...more

Fox Rothschild LLP

The Calls You Forward to Voicemail Just Got More Expensive to Make

Fox Rothschild LLP on

Beginning October 1, 2024, telemarketers will have to pay higher fees for access to phone numbers on the National Do Not Call Registry. In a unanimous decision, the FTC increased annual subscriptions by $2 for access to a...more

Troutman Pepper

California Federal Court Dismisses TCPA Complaint Finding Recruitment Messages Are Not Solicitations

Troutman Pepper on

In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more

McCarter & English, LLP

FCC Makes a Call on AI

On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice...more

Womble Bond Dickinson

Navigating Personal Jurisdiction in TCPA Cases: Insights from Ingram v. Money Map Press

Womble Bond Dickinson on

A recent decision issued by the United States District Court for the Northern District of California in Ingram v. Money Map Press, 23-cv-05802-CRB, 2024 U.S. Dist. LEXIS 130905 (N.D. Cal. July 24, 2024) addresses an important...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — July 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more

Klein Moynihan Turco LLP

DNC Opt-Out Leaves Junkyard Singing the Blues

On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in...more

Klein Moynihan Turco LLP

Drunk Driving Nonprofit Faces Do Not Call (“DNC”) Compliance Class Action

On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions...more

McGlinchey Stafford

Cellphone Users Are Not Categorically Excluded From Definition of “Residential Subscriber” Under TCPA

McGlinchey Stafford on

On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more

Hinch Newman LLP

Three Things Lead Generators Need to Know About the FCC Single Seller Ruling

Hinch Newman LLP on

As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more

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