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
In the first decision on the issue, an Arizona federal court held that a Multimedia Messaging Service (MMS) text didn’t run afoul of the Telephone Consumer Protection Act (TCPA)....more
The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission (FCC) guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act...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
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
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
6/8/2023
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Reassigned Phone Numbers ,
Robocalling ,
SCOTUS ,
TCPA ,
Telecommunications ,
Text Messages
After a jury awarded a Telephone Consumer Protection Act (TCPA) plaintiff $8,500 in damages at trial, the judge declined to treble the award—and instead cut it to $6,500....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
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
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
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
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
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
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
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
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