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
9/23/2021
/ Allstate ,
Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Bank of America ,
CVS ,
Facebook Inc v Duguid ,
NRA ,
Robocalling ,
TCPA ,
Telecommunications ,
USAA
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
9/16/2021
/ Allstate ,
Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Bank of America ,
CVS ,
Facebook Inc v Duguid ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
NRA ,
Popular ,
Random or Sequential Number Generator ,
TCPA ,
Text Messages ,
USAA
As part of Manatt’s continuing monthly coverage of the aftermath of the Facebook v. Duguid decision and how district courts are applying it when determining whether a calling system meets the Supreme Court’s newly clarified...more
In the latest post-Barr development, a federal district court in Colorado held that the government-backed debt exception was always invalid, but found that due process concerns prevented enforcement of the Telephone Consumer...more
The Federal Communications Commission (FCC or Commission) has adopted new rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, providing guidance on how “private...more
Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act (TCPA) lawsuit, although it sent the issue of whether the plaintiff effectively revoked...more
Interpreting the Supreme Court’s ruling in Barr v. American Association of Political Consultants, Inc., severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in...more
Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone Consumer Protection Act (TCPA) class action...more
Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate...more
In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act (Act)—with the goal of complementing the now decades-old Telephone Consumer Protection Act (TCPA) to stem the tide of...more
The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act (TCPA), an issue being litigated in the wake of the Barr v. American Association of Political Consultants (AAPC)...more
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court....more
A panel of judges has now made it far more likely that a recent wave of class action litigation will be resolved without huge litigation costs for lenders. In this post, we explain why....more
8/26/2020
/ CARES Act ,
Class Action ,
Coronavirus/COVID-19 ,
Financial Services Industry ,
Lenders ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
Question of Fact ,
SBA ,
SBA Lending Programs ,
Small Business ,
Small Business Loans
Regulators are keeping a close eye on credit repair companies as evidenced by a pair of new lawsuits filed by the Illinois attorney general and a separate action brought by the Federal Trade Commission (FTC)....more
Supreme Court Declines to Weigh In on Website Accessibility -
In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more
10/11/2019
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Drug Pricing ,
Private Attorneys General Act (PAGA) ,
Public Accommodation ,
Sexual Harassment ,
Title III ,
Wage and Hour ,
Website Accessibility ,
Website Owner Liability ,
Websites
While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA...more
In a pair of cases from the U.S. Court of Appeals, Eleventh Circuit, and a federal district court in California, defendants were successful in getting Telephone Consumer Protection Act (TCPA) suits dismissed for lack of...more
An Oklahoma federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) plaintiff on vicarious liability issues, ruling that the defendant was liable for telemarketing calls made by a sales...more
Closing “a loophole in the law,” the Federal Communications Commission (FCC) adopted new rules banning caller ID “spoofing”—i.e., using a “fake” caller ID number— for text messages and foreign calls....more
The need for individualized inquiries defeated the plaintiffs’ motion for class certification in a “wrong number” case in New York federal court.
Leona Hunter and Anne Marie Villa, both New York residents, accused Time...more
Prerecorded calls made to warn consumers about tainted beef qualified for the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA), a California federal court recently ruled....more
Over a year after the ACA International (ACA) decision from the D.C. Circuit that changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more
Former Governor Mike Huckabee figured heavily in a major TCPA appeals case, and the ruling offers up some important lessons for companies engaged in telemarketing activities. ...more
Well over a year has passed since the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication...more
Adding more fuel to an already raging fire, the Ninth Circuit has weighed in on a case that has the potential to make its way to the U.S. Supreme Court and finally provide much-needed guidance on the controversial Marks case...more