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Ninth Circuit Rejects TCPA Plaintiffs’ Argument that Text Messages Count As "Voices"

On August 8, 2023, the United States Court of Appeals for the Ninth Circuit issued a published opinion holding that conventional text messages do not amount to “artificial or prerecorded voice” calls under the Telephone...more

Special Report - State Mini-TCPA Laws Create Patchwork Quilt of Regulations for Automated Calls and Texts - July 2023

Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Multiple Layers of TCPA Defense Remain Important after Duguid

The Supreme Court’s 2021 decision in Facebook v. Duguid changed the landscape of Telephone Consumer Protection Act (TCPA) litigation. For years prior, aggressive plaintiffs had stretched the TCPA’s antiquated language...more

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

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