The Federal Communications Commission (FCC or Commission) finalized its proposed $120 million fine against a “neighborhood spoofer” the agency said made more than 96 million calls to sell timeshares and other vacation...more
Providing a warning about the limits of insurance coverage, a New York federal court sided with an insurer to hold that two exclusions in a policy precluded coverage for a Telephone Consumer Protection Act (TCPA) class...more
The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class...more
Where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed, according to an Ohio federal court....more
Consent is defined by the “transactional context,” a California federal court explained when recently denying summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after it sent texts unrelated to...more
In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone...more
Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed...more
As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s...more
Multiple accounts and the question of spousal revocation kept a Telephone Consumer Protection Act (TCPA) action alive in California federal court when the court denied cross motions for summary judgment in the suit....more
Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA...more
As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of...more
Edible Arrangements did not run afoul of the Telephone Consumer Protection Act (TCPA) by making it unreasonably hard for text recipients to revoke their consent, a New Jersey federal court has ruled....more
A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue....more
The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting...more
By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the...more
Texts sent on behalf of a nonprofit organization with tips about how to respond to a cardiac arrest event were within the category of messages the plaintiff consented to receive, a Louisiana federal court said, dismissing her...more
A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida...more
Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)? Yes, an Illinois federal court recently declared, denying the defendant’s...more
Reversing dismissal of a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Seventh Circuit ruled that a plaintiff should have been afforded the opportunity to conduct discovery before his claim...more
In Ace American Insurance Co. v. Dish Network, the Tenth Circuit ruled that statutory damages and injunctive relief under the Telephone Consumer Protection Act (TCPA) are uninsurable “penalties” under Colorado law, affirming...more
Executive Summary -
The old adage “good things come to those to wait” showed itself to be true when on Friday, March 16, 2017, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA...more
A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S....more
Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action....more
A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute....more
The U.S. Court of Appeals for the Second Circuit ruled that the Healthcare Exception to the TCPA applied to a case involving a healthcare provider that sent a text message with a flu shot reminder to a patient who provided...more