Despite holding that cellphone users are not “categorically excluded” from the TCPA, a New York federal court granted a defendant’s motion to dismiss after determining the complaint failed to allege that the defendant was...more
A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business.
Christopher Payne filed a putative class action against Sieva Networks, alleging...more
On November 22, the FCC issued a Second Report and Order with sweeping implications for the lead generation industry. The FCC has tentatively scheduled the issue for a vote during its December 13, 2023 open meeting....more
Allegations that a defendant left identical messages in an “unnaturally perfect” voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss....more
A Telephone Consumer Protection Act (TCPA) defendant may be able to evade a lawsuit after pointing to contract terms that required its third-party vendor to comply with the statute in a new decision from Missouri....more
A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more
12/1/2023
/ ATDS ,
Auto-Dialed Calls ,
Consumer Privacy Rights ,
Do Not Call List ,
Opt-Outs ,
Robocalling ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network....more
11/8/2023
/ Automotive Industry ,
Enforcement Actions ,
FCC ,
Fines ,
Fraud ,
Robocalling ,
Scams ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Truth in Caller ID Act of 2009 (TICIDA) ,
Unfair or Deceptive Trade Practices ,
Warranties
A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled late this summer.
In her TCPA class action,...more
A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on...more
A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements....more
A lead generator must indemnify a Telephone Consumer Protection Act (TCPA) codefendant after an Illinois federal court granted summary judgment in favor of the codefendant....more
The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed...more
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Minor Children ,
Robocalling ,
Standing ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became...more
Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more
8/25/2023
/ Artificial Intelligence ,
ATDS ,
Auto-Dialed Calls ,
Biometric Information Privacy Act ,
CIPA ,
Consent ,
Corporate Counsel ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Popular ,
Privacy Laws ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
TRACED Act
The state telemarketing law amendment trend continues. On June 26, 2023, Connecticut Governor Ned Lamont signed S.B. 1058 into law. Connecticut General Assembly, Substitute for Raised S.B. No. 1058. This bill makes important...more
8/25/2023
/ Auto-Dialed Calls ,
Cell Phones ,
Connecticut ,
FCC ,
New Legislation ,
Regulatory Reform ,
Robocalling ,
TCPA ,
Telecommunications ,
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
A plaintiff’s Telephone Consumer Protection Act (TCPA) class action claims failed in the face of an established business relationship defense, an Illinois federal court has ruled....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 has been busy at the FCC.
On March 16, 2023, the Federal Communications Commission (FCC or Commission) announced its issuance of two headline-making Report and Order and Further Notices of Proposed Rulemaking (FNPRM)...more
4/12/2023
/ Cell Phones ,
Comment Period ,
FCC ,
NPRM ,
PACE ,
Phone Numbers ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Robocalling ,
Scams ,
Telecommunications ,
Text Messages
Certifying two classes in a Telephone Consumer Protection Act (TCPA) class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to...more
A Telephone Consumer Protection Act (TCPA) defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held....more
The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act (OTSA) taking effect as of November 1....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
In an appeal consolidating two Telephone Consumer Protection Act (TCPA) cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing...more