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
12/1/2021
/ ATDS ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Judgment on the Pleadings ,
Motion to Dismiss ,
Prior Express Consent ,
Random or Sequential Number Generator ,
Robocalling ,
Summary Judgment ,
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
10/22/2021
/ ATDS ,
Auto-Dialed Calls ,
Debt Collection ,
Facebook Inc v Duguid ,
Popular ,
Right to Privacy ,
Robocalling ,
SCOTUS ,
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
9/23/2021
/ Allstate ,
Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Bank of America ,
CVS ,
Facebook Inc v Duguid ,
NRA ,
Robocalling ,
TCPA ,
Telecommunications ,
USAA
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
9/16/2021
/ Allstate ,
Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Bank of America ,
CVS ,
Facebook Inc v Duguid ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
NRA ,
Popular ,
Random or Sequential Number Generator ,
TCPA ,
Text Messages ,
USAA
As part of Manatt’s continuing monthly coverage of the aftermath of the Facebook v. Duguid decision and how district courts are applying it when determining whether a calling system meets the Supreme Court’s newly clarified...more
Newsom’s Six-Month Paid Family Leave Agenda -
Shortly after being sworn in as the new governor of California, Gavin Newsom proposed extending California’s current six-week paid family leave (PFL) to six months. PFL, which...more
Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of...more
Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California...more
The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005....more
A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit....more
Nearly a year after the D.C. Circuit’s ACA International decision changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015...more
In case you missed it as you wrapped up the end of the year, on December 12, 2018, the Federal Communications Commission “[took] another important action to curb the tide of unwanted telephone calls by addressing calls to...more
As we have previously reported, the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more
Canceling an insurance policy alone was insufficient to revoke the consent of a married couple to receive calls from their former insurance company, an Indiana federal court recently ruled....more
An Illinois federal court judge denied class certification in a Telephone Consumer Protection Act (TCPA) lawsuit against Citigroup after the defendant successfully argued that individual issues would predominate....more
The Telephone Consumer Protection Act (TCPA) continues to haunt defendants even after the death of a named plaintiff, with a New York federal court holding that a claim under the statute survives because the TCPA is remedial...more
Uber drove a Telephone Consumer Protection Act (TCPA) class action out of the courthouse, successfully convincing an Illinois federal court judge that the ride-hailing app’s terms included a “clear and conspicuous” statement...more
In the wake of the major shake-up resulting from the D.C. Circuit’s recent decision, ACA International v. FCC, the Federal Communications Commission (FCC) released a public notice requesting comment on how the agency should...more
A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA)....more
Using a combination of cash and gift cards, Bloomingdale’s agreed to pay a total of $1.4 million to settle a Telephone Consumer Protection Act (TCPA) suit arising over text messages....more
The Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California continues to pay dividends for Telephone Consumer Protection Act (TCPA) defendants, as another Illinois federal court agreed that the...more
A Telephone Consumer Protection Act (TCPA) claim survives the death of the plaintiff, the U.S. Court of Appeals, Sixth Circuit has ruled, declaring the statute is “remedial” in nature and not penal....more
A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA). In an opinion issued on...more
In February 2018, a judge in the Central District of California denied Hot Topic’s motion for summary judgment in a putative Telephone Consumer Protection Act class action stemming from text messages the retailer sent. ...more