On February 15, 2024, the Federal Communications Commission (FCC) voted to adopt rules expressly addressing revocation of consent. The FCC’s stated goals were to “strengthen consumers’ ability to revoke consent” and “codify...more
In state law news, the West Virginia legislature is considering two new telemarketing bills, while a new law has taken effect in Maryland....more
A Missouri federal court judge found that a plaintiff did not have standing to bring a claim under the Telephone Consumer Protection Act’s (TCPA) Internal Do Not Call (IDNC) regulations because the plaintiff had not first...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
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
12/27/2023
/ Advertising ,
Class Action ,
Class Certification ,
End-Users ,
EULA ,
FCC ,
License Agreements ,
McKesson Technologies ,
Statutory Violations ,
TCPA ,
Treble Damages ,
Unsolicited Faxes
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
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
On November 15, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry seeking information and input from communications-focused industries on how the FCC should respond to the rapid proliferation of AI...more
Allegations that a defendant left identical messages in an “unnaturally perfect” voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss....more
A Telephone Consumer Protection Act (TCPA) defendant may be able to evade a lawsuit after pointing to contract terms that required its third-party vendor to comply with the statute in a new decision from Missouri....more
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
12/1/2023
/ ATDS ,
Auto-Dialed Calls ,
Consumer Privacy Rights ,
Do Not Call List ,
Opt-Outs ,
Robocalling ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages