One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic...more
In striking down a portion of the Telephone Consumer Protection Act (TCPA) as unconstitutional, the Fourth Circuit opened the door for more litigation against debt collectors....more
In Ramos v. PF Homestead LLC, a Florida federal court refused to send a Telephone Consumer Protection Act (TCPA) case to arbitration, rejecting the defendant’s attempt to rely on the arbitration provision in a canceled gym...more
In Franklin v. Upland Software Inc., a federal magistrate judge in Texas denied a summary judgment motion against a texting software platform, finding that the platform could not be held liable under the Telephone Consumer...more
In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las...more
Caribbean Cruise Line—a frequent subject of this newsletter—sailed away from class certification in another putative Telephone Consumer Protection Act (TCPA) class action, successfully persuading a federal judge in the...more
Months after the ACA International 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 Commission’s (FCC) 2015...more
Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s...more
A recent decision from the U.S. Supreme Court continues to work in favor of Telephone Consumer Protection Act (TCPA) defendants, with an Illinois federal court judge striking the plaintiff’s class definition with regard to...more
In big Telephone Consumer Protection Act (TCPA) news, the U.S. Supreme Court granted certiorari in a junk fax case brought under the statute....more
An Ohio federal court allowed a plaintiff to pursue a lawsuit based on alleged violations of the National Do Not Call (DNC) Registry—despite the fact that he operated a business from his home and used the number for both...more
A pair of platform providers and an autodialing software company must face a Telephone Consumer Protection Act (TCPA) lawsuit in West Virginia federal court after the judge determined the defendants could be liable for...more
As we have previously reported, the ACA International 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 Commission’s...more
California Now Requires Female Directors on Public Company Boards -
In a groundbreaking move to bring gender diversity to the boardroom, on Sept. 30, 2018, Governor Jerry Brown signed California Senate Bill 826 (SB 826),...more
According to a federal judge in the District of Connecticut, contractual consent cannot be unilaterally revoked in a putative Telephone Consumer Protection Act (TCPA) class action....more
In August 2018, the U.S. Court of Appeals, Seventh Circuit dismissed a Telephone Consumer Protection Act (TCPA) action after finding that the defendant was not the “sender” of the fax at issue. That case was Helping Hand...more
As our readers know, many federal courts have found standing and have refused to dismiss Telephone Consumer Protection Act (TCPA) cases under the principles announced in Spokeo v. Robins. Seeming to buck the trend, the U.S....more
A call promoting pet insurance made to a recent kitten adopter constituted an “advertisement” pursuant to the Telephone Consumer Protection Act (TCPA), an Illinois federal court has ruled....more
As we have previously reported, the recent ACA International 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
Although a federal judge in the Northern District of Ohio found that a husband provided consent for his wife to be contacted on her cellphone, the judge also rejected the idea that the plaintiff contractually waived his right...more
Where the defendant in a Telephone Consumer Protection Act (TCPA) case told a judge in the U.S. District Court, Eastern District of Pennsylvania that consent to receive faxed ads was provided orally, individual issues will...more
Demonstrating a costly lesson in personal liability for corporate executives, an Illinois federal court found a corporate officer to be on the hook for millions of dollars of damages pursuant to the Telephone Consumer...more
A federal district judge in the Northern District of Illinois (NDIL) decertified the class in a Telephone Consumer Protection Act (TCPA) case against Cirque du Soleil, relying on the recent Supreme Court decision in China...more
As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision...more
As we have previously reported, the recent ACA International 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