News & Analysis as of

Auto-Dialed Calls Putative Class Actions Robocalling

Manatt, Phelps & Phillips, LLP

Insufficient Allegations Doom TCPA Action

A California federal court recently granted a defendant’s motion to dismiss the Telephone Consumer Protection Act (TCPA) claim brought by a plaintiff alleging that she received a trio of unwanted phone calls, finding that she...more

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more

Troutman Pepper

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

Troutman Pepper on

In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more

Manatt, Phelps & Phillips, LLP

CEO Evades Personal Liability in TCPA Suit

A New Jersey federal court has refused to hold the CEO of companies also named as defendants in a Telephone Consumer Protection Act (TCPA) lawsuit personally liable. ...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court - September 2021

ArentFox Schiff on

The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more

Faegre Drinker Biddle & Reath LLP

Florida Federal Court Stays Putative Class Action to Await Guidance from the FCC and Eleventh Circuit as to What Constitutes an...

It can fairly be said that the statutory definition of “automatic telephone dialing system” (“ATDS”) has generated far more questions than answers—for courts and litigants alike. This is especially true in the wake of ACA...more

Faegre Drinker Biddle & Reath LLP

Court Holds That Text-Messaging System Must Be Able to Randomly or Sequentially Generate Numbers to Qualify as an ATDS

The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more

Womble Bond Dickinson

Video Countdown: Top Ten 2018 TCPA News Stories

Womble Bond Dickinson on

The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...more

Robinson+Cole Data Privacy + Security Insider

Sunrun Settles Robocall Suit for $5.5 Million

Although it denies liability or wrongdoing, Sunrun Inc. has agreed to pay $5.5 million to settle a potential class action case alleging it of calling numbers on the Do Not Call Registry. Sunrun, a solar company, is alleged to...more

Womble Bond Dickinson

High Hopes: Plaintiffs’ Lawyers Set Their Sights on Cannabis Industry in Two New TCPA Class Actions

Womble Bond Dickinson on

The cannabis industry seems to be attracting a lot attention these days. Eaze Solutions, Inc. – the so-called “Uber of Weed” – was hit with a second class action today alleging it sent unsolicited text messages advertising...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

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