A Pennsylvania federal court has ruled that a lawmaker can be held personally liable under the Telephone Consumer Protection Act (TCPA) for prerecorded robocalls that were intended as government communications to...more
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
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
The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes.
True Health Chiropractic sued McKesson Corp. for violating the...more
12/27/2023
/ Advertising ,
Class Action ,
Class Certification ,
End-Users ,
EULA ,
FCC ,
License Agreements ,
McKesson Technologies ,
Statutory Violations ,
TCPA ,
Treble Damages ,
Unsolicited Faxes
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
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
On November 15, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry seeking information and input from communications-focused industries on how the FCC should respond to the rapid proliferation of AI...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
A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone...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
The failure of a plaintiff in a Telephone Consumer Protection Act (TCPA) action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice....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
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
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 federal court in Missouri granted class certification in a Telephone Consumer Protection Act (TCPA) action that could cost the defendant almost $4 million for allegedly sending unsolicited faxes....more
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
Cellphones are not subject to the protections of the federal DNC Registry, a North Carolina magistrate judge has ruled, recommending that a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss the suit be...more