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Manatt’s Continuing Coverage of Significant Post-ACA International Developments - May 2019

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

Fourth Circuit Strikes Blow to Government Debt Collectors With TCPA Constitutionality Ruling

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

Florida Federal Court Denies Defendant’s Motion to Compel Arbitration

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

Texting Platform Company Defeats Summary Judgment in Texas

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

3/29/2019  /  Summary Judgment , TCPA , Text Messages

Text Broadcaster May Be Liable Under TCPA, Says Nevada Federal Judge

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 Cruises Away From Class Certification in Illinois Federal Court

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

Manatt’s Continuing Coverage on Significant Post-ACA International Developments - March 2019

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

Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

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

3/27/2019  /  Advertising , Faxes , TCPA , Unsolicited Faxes

Trend Continues With Courts Striking Out-of-State Class Members

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

Supreme Court Breaks Back to Weigh In on Agency Deference

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

12/31/2018  /  Certiorari , FCC , SCOTUS , TCPA , Unsolicited Faxes

Do Not Call Violation Suit Moves Forward Despite Business Use

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

Court: Platform Providers, Software Company May Be Liable Under TCPA

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

12/27/2018  /  ATDS , Auto-Dialed Calls , Robocalling , TCPA

Manatt’s Continuing Coverage of Significant Post-ACA International Developments - December 2018

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

Retail and Consumer Products Law Roundup - November 2018

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

Contractual Consent Cannot Be Unilaterally Revoked, Connecticut Federal Court Holds

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

10/9/2018  /  Consent , Revocation , TCPA

Court Holds Olive Garden Not Liable for ‘Never-Ending’ Faxes

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

10/9/2018  /  Faxes , TCPA , Unsolicited Faxes

Rare Article III Standing Ruling in Defendant’s Favor in TCPA Case

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

Pet Insurance Call Was an Ad Under the TCPA

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

10/9/2018  /  Advertising , Insurance Industry , TCPA

Manatt’s Continuing Coverage of Significant Post-ACA International Developments - October 2018

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

10/8/2018  /  ATDS , Auto-Dialed Calls , FCC , TCPA , Text Messages

He Said, She Said: Struggles With Couple’s TCPA Consent Issues

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

10/8/2018  /  ATDS , Auto-Dialed Calls , Consent , FCC , TCPA

Individual Issues Resulting From Oral Consent Ends Certification Effort

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

CEO on the Hook for TCPA Liability

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

TCPA Class Decertified Based on Supreme Court’s Anti-Stacking Ruling

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

Special Alert: Ninth Circuit Rules on ACA International

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

9/26/2018  /  Affordable Care Act , ATDS , FCC , TCPA

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

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

8/10/2018  /  ATDS , FCC , Putative Class Actions , TCPA
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