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
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
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
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
11/1/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
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
9/27/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
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
Following in the footsteps of Florida, Oklahoma and Washington, Michigan is considering its own state analogue of the Telephone Consumer Protection Act (TCPA)....more
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
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
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
6/30/2022
/ Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Capital One ,
CVS ,
Facebook ,
Facebook Inc v Duguid ,
Midland Funding ,
Navient ,
NRA ,
Popular ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
State Farm ,
TCPA ,
Telemarketing ,
Text Messages ,
Wells Fargo
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
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
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
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
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
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
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
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
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
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
12/1/2021
/ ATDS ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Judgment on the Pleadings ,
Motion to Dismiss ,
Prior Express Consent ,
Random or Sequential Number Generator ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telemarketing ,
Text Messages
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
10/27/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
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
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
10/27/2021
/ Apparent Authority ,
Corporate Counsel ,
Established Business Relationship ,
Lead Generators ,
Ratification ,
Reversal ,
Robocalling ,
TCPA ,
Telemarketing ,
Third-Party Service Provider ,
Vicarious Liability
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
10/27/2021
/ Article III ,
Do Not Call List ,
FCC ,
Injury-in-Fact ,
Invasion of Privacy ,
Private Right of Action ,
Robocalling ,
Standing ,
Statutory Interpretation ,
Statutory Violations ,
Subject Matter Jurisdiction ,
TCPA ,
Telemarketing
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
10/22/2021
/ ATDS ,
Auto-Dialed Calls ,
Debt Collection ,
Facebook Inc v Duguid ,
Popular ,
Right to Privacy ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages