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Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

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

Allegations of Contract and Control Keep TCPA Suit Alive in Pennsylvania Federal Court

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

MMS Text Message Didn’t Violate TCPA’s ‘Voice’ Provisions, Says Arizona Federal Court

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

One Business Day After ‘STOP’ Text Not Enough For Suit

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

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