Daniel Blynn

Daniel Blynn

Venable LLP

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FTSA Dismissal Decisions Update: One Win, One New Loss

​​​​​​​Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We’ve been covering the sprawl of FTSA cases filed since the statute was amended to allow for a private cause of action in July...more

9/21/2022  /  Auto-Dialed Calls , Commerce Clause , Dismissals , Dormant Commerce Clause , Due Process , First Amendment , Fourteenth Amendment , Private Right of Action , TCPA , Telephone Sales

About That First Florida Telephone Solicitation Act Class Action Settlement…

The plaintiff in Alvarez v. Sunshine Life & Health Advisors LLC - the first Florida Telephone Solicitation Act (FTSA) action to settle on a class basis - filed his motion for preliminary approval of the settlement. And the...more

8/2/2022  /  Attorney's Fees , Class Action , Class Representatives , Contract Terms , Incentive Awards , Release of Liability , Settlement Agreements , Telephone Sales , Text Messages

Another Florida Telephone Solicitation Act First - A Class Settlement Is on Its Way

Everyone remember that Alvarez v. Sunshine Life & Health Advisors LLC putative Florida Telephone Solicitation Act (FTSA) litigation we’ve covered? You know, the one where the plaintiff’s counsel argued that the FTSA extends...more

6/28/2022  /  Class Action , Settlement Agreements , Settlement Negotiations , TCPA , Telephone Sales , Text Messages

New Oklahoma Telephone Solicitation Act Is Not OK - But It Does Contain an Important Exemption

Late last week, Oklahoma Governor Kevin Stitt signed the state’s Telephone Solicitation Act of 2022 (OTSA) into law. A couple of months ago, as the legislation was working its way through the Oklahoma state legislature,...more

5/25/2022  /  Auto-Dialed Calls , Governor Stitt , New Legislation , TCPA , Telemarketing , Telephone Sales , Unsolicited Phone Calls

First Florida Telephone Solicitation Act Dismissal Decision Issues, and It Has Virtually Nothing to Do with the Statute

There have been scores of Florida Telephone Solicitation Act (FTSA) class actions filed since July 1, 2021, when the statute was amended to provide for a private right of action; the Florida legislature thinks that number may...more

3/14/2022  /  Article III , Dismissals , Standing , TCPA , Telephone Sales , Voicemail

Did a Prolific TCPA Plaintiffs’ Attorney Just Argue That the Statute Does Not Regulate Text Messaging? The Hearing Transcript Says...

For years, the plaintiffs’ bar has been filing Telephone Consumer Protection Act (TCPA) class actions alleging the receipt of unsolicited, autodialed text messages. But the TCPA’s autodialer prohibition explicitly refers to...more

3/11/2022  /  Article III , Auto-Dialed Calls , Class Action , Injury-in-Fact , Standing , State Law Claims , TCPA , Telephone Sales , Text Messages
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