News & Analysis as of

Telephone Consumer Protection Act Appeals

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Mintz

District Court Denies Class Cert in TCPA Suit on Ascertainability Grounds

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In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more

Faegre Drinker Biddle & Reath LLP

Fourth Circuit Broadens TCPA’s Reach Over ‘Unsolicited Advertisements’

The Fourth Circuit Court of Appeals has recently handed down a decision that impacts the TCPA landscape. In Family Health Physical Medicine, LLC v. Pulse8, LLC, the court reversed a lower court’s dismissal of a TCPA claim,...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Affirms Dismissal of List-Mode TCPA Claims

In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Amerifactors Alive and Well in the Ninth Circuit; Trim v. Reward Zone’s...

Despite changes in technology, fax-based TCPA class actions and related jurisprudence continue to march on. And just last month, the US Court of Appeals for the Ninth Circuit issued a gem of a decision (albeit unpublished)...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Expands on Drazen II, Holding that an Unwanted Text is Sufficient for FTSA Standing

In a per curiam unpublished opinion, the Eleventh Circuit recently held that a plaintiff had standing to assert claims under the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) for his receipt of five...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Inaudible Texts and Bankruptcy Fees

This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an...more

Troutman Pepper

July 2023 Class Action Blog Summary

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What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

Faegre Drinker Biddle & Reath LLP

Florida District Courts Increasingly Staying FTSA Cases as 11th Circuit Threatens to Overturn Salcedo

Plaintiffs’ attempts to keep FTSA cases venued in Florida state courts are being upended by the Eleventh Circuit’s recent decision to revisit en banc its Article III standing precedent in single-text message cases....more

Venable LLP

Third Circuit Strikes TCPA Fax Lawsuit

Venable LLP on

On January 19, 2023 the Third Circuit dismissed a TCPA class action lawsuit (Mauthe v. Millennium Health LLC) against a company that had sent a one-page promotional fax to consumers without their prior consent about a free...more

Venable LLP

Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Defendant Appeals to Eleventh Circuit

Venable LLP on

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III. In...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more

Troutman Pepper

An Inside Look as a Juror - FCRA Focus Podcast

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Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight...more

Perkins Coie

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

Goodwin

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more

Manatt, Phelps & Phillips, LLP

Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

In an appeal consolidating two Telephone Consumer Protection Act (TCPA) cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing...more

Holland & Knight LLP

Second Circuit Rules Faxed Invitation Is Not 'Unsolicited Advertisement' Under TCPA

Holland & Knight LLP on

Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of...more

Goodwin

Massachusetts Court Holds Notice of TCPA Exclusions Sufficient to Avoid TCPA Violation

Goodwin on

On January 7, 2022, the Massachusetts Appeals Court issued a decision concerning whether two insurance companies provided sufficient and timely notice to its Insured regarding the exclusion of coverage for Telephone Consumer...more

Goodwin

Second Circuit Disagrees With Third Circuit TCPA Ruling Regarding Unsolicited Advertisements

Goodwin on

On January 6, 2021, the Second Circuit issued an order criticizing and declining to adopt a Third Circuit ruling regarding the scope of the term “unsolicited advertisement” under the Telephone Consumer Protection Act...more

Faegre Drinker Biddle & Reath LLP

Defendants Suable in State Where Calls Inadvertently Received, If Similar Calls Purposefully Directed at Forum Residents, Tenth...

Last week, the U.S. Court of Appeals for the Tenth Circuit applied the Supreme Court’s recent Ford Motor decision on personal jurisdiction to a Rule 12(b)(2) motion to dismiss a TCPA claim. In Hood v. American Auto Care,...more

Faegre Drinker Biddle & Reath LLP

W.D.N.Y. Court Dismisses Claim, Finding a School District Is Not a “Person” Under the TCPA, Plaintiff Appeals

The Western District of New York in Clark v. Buffalo City School District, Case No. 1:21cv00700, 2021 WL5764703 (W.D.N.Y. Oct. 28, 2021) recently granted a motion to dismiss because the defendant (a school district) was not a...more

Womble Bond Dickinson

Fourth Circuit Agrees that Navient’s Records Established TCPA Plaintiff Had Not Revoked Consent

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It is well established that TCPA plaintiffs have a right to revoke their consent and are often given a fair amount of latitude in exercising their revocation rights. And, not surprisingly, courts are often reluctant to grant...more

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