Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more
6/22/2022
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Debt Collection ,
Discovery ,
Facebook Inc v Duguid ,
Robocalling ,
SCOTUS ,
Summary Judgment ,
TCPA
Earlier this month, the U.S. District Court for the Southern District of Ohio clarified that a TCPA defendant need not maintain an internal do-not-call list and policies in order to invoke the “established business...more
Earlier this week, the U.S. District Court for the Eastern District of Missouri granted summary judgment for a pharmacy benefit manager (PBM) that allegedly violated the TCPA by sending unsolicited advertisements via fax to...more
As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more
11/25/2019
/ Auto-Dialed Calls ,
Class Certification ,
Class Members ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Robocalling ,
Statutory Violations ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing
The Southern District of Florida recently granted a defendant’s motion for summary judgment on certain aspects of a plaintiff’s TCPA claim because plaintiff could not establish that defendant used an ATDS to call her cell...more