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Chatbot Not a ‘Voice’ for TCPA Purposes, California Federal Court Holds

A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an...more

FCC: Ringless Voicemails Are ‘Calls’ for TCPA Purposes

Though there has been some debate in the courts on this front, the Federal Communications Commission (FCC or Commission) clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers...more

Post-Facebook v. Duguid Litigation Roundup - November 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup - October 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup - September 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Texas Court Finds Private Right of Action for Do Not Call Violation

A federal court in Texas allowed a plaintiff to bring a claim for a defendant’s failure to maintain a do not call list, joining a growing number of jurisdictions to recognize a private right of action for such a claim under...more

Michigan Considers Mini-TCPA Law

Following in the footsteps of Florida, Oklahoma and Washington, Michigan is considering its own state analogue of the Telephone Consumer Protection Act (TCPA)....more

First FTSA Class Action Settlement Seeks Approval

What is believed to be the first settlement under Florida’s mini-Telephone Consumer Protection Act (TCPA) law is seeking judicial approval for a payout of more than $2.5 million....more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act (TCPA)...more

Single RVM Insufficient to Establish Standing for TCPA Suit

Does the receipt of a single ringless voicemail (RVM) create federal Article III standing for a Telephone Consumer Protection Act (TCPA) suit? No, an Ohio federal court has ruled, finding that the plaintiff failed to allege...more

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Reassigned Number Database Up and Running

It’s official: The Federal Communications Commission’s (FCC) reassigned number database (RND), which will hopefully minimize claims brought under the Telephone Consumer Protection Act (TCPA), is up and running after several...more

NY State, Federal Legislation Targets Spoofing

On November 8, New York Governor Kathy Hochul signed two bills: SB 6267/AB 268, which requires telecommunications providers to block certain numbers, and SB 4281/AB 585a, mandating that voice services providers implement the...more

FTC Reports on National DNC Registry

The Federal Trade Commission (FTC) reported on the National Do Not Call (DNC) Registry statistics for Fiscal Year (FY) 2021, along with data on consumer complaints about unwanted telemarketing calls. ...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Barr, Sixth Circuit Says Debt Collectors Can Be Liable

Continuing the fallout from the now over-one-year-old decision in Barr v. American Association of Political Consultants, Inc., the U.S. Court of Appeals, Sixth Circuit ruled that the U.S. Constitution displaced the...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Seventh Circuit Moves Vicarious Liability Claims Forward

Reversing dismissal, the U.S. Court of Appeals, Seventh Circuit found that a plaintiff had sufficiently pled allegations of vicarious liability to keep his Telephone Consumer Protection Act (TCPA) suit alive....more

NC Federal Court Permits Suit Based on FCC Internal DNC Registry Violation

Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

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