Calls and messages encouraging a recipient to sign up for free nutrition counseling services did not constitute telephone solicitations within the meaning of the TCPA, according to a reported decision from a Wisconsin federal...more
An insurance company is on the hook for calls made by its agents after a decision from a federal court in Illinois.
Two Allstate agents in Texas, Jason Fleming and Daniel Gilmond, hired Transfer Kings to place calls on...more
An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision.
Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more
The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania...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
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Telemarketing ,
Text Messages
States are continuing their focus on telemarketing, with updates and new laws in Arizona, Florida, Maryland, Mississippi, Tennessee and Washington, and a bill in Georgia waiting on a gubernatorial signature. Many of these are...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
3/2/2023
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages
In a victory for a Telephone Consumer Protection Act (TCPA) defendant, a Florida federal court judge sua sponte found that a plaintiff lacked standing to bring the case. ...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
12/22/2022
/ 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
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
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
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
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
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
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
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
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
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
The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act...more