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 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 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
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
Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more
4/22/2022
/ Coronavirus/COVID-19 ,
Failure To State A Claim ,
FCC ,
Health Care Providers ,
Healthcare ,
Infectious Diseases ,
Prior Express Consent ,
Public Health Emergency ,
State of Emergency ,
Statutory Interpretation ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Text Messages ,
Vaccinations