News & Analysis as of

Telephone Consumer Protection Act Class Action Telemarketing

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

Year-in-Review: 2024 TCPA Litigation

WilmerHale on

The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an...more

Faegre Drinker Biddle & Reath LLP

District of Arizona Denies Certification of Claims Against Defendant That Had Defaulted

A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more

Eversheds Sutherland (US) LLP

FCC revocation rules poised to take effect

Barring a last-minute reprieve, the Federal Communications Commission’s (FCC) new rules regarding how consumers can revoke their consent under the Telephone Consumer Protection Act (TCPA) will go into effect on April 11, 2025...more

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

Eversheds Sutherland (US) LLP

FCC seeks comments amid wave of “after hours” texting complaints and Trump Administration’s “Delete, Delete, Delete” order

The Federal Communications Commission (FCC or Commission) issued two notices for public comment in mid-March on hot-button issues, suggesting that newly-minted Chair Brendan Carr’s tenure will be an active one. On March 11,...more

Burr & Forman

The Seventh Circuit Affirms Summary Judgment on TCPA Claim, Holding Communications Were Not Telephone Solicitations

Burr & Forman on

Hulce v. Zipongo, Inc., No. 24-1623, 2025 WL 829603 (7th Cir. March 17, 2025) - Defendant, a for-profit company that provides nutritional consultation to individuals, contracted with a healthcare plan to provide its...more

Goodwin

2024 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the “Telephone Consumer Protection Act” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. Companies were mere hours away from implementing radical changes to lead forms and consent...more

Klein Moynihan Turco LLP

Do Not Disturb: Observe Telemarketing Hours!

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

Kilpatrick on

Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

Husch Blackwell LLP on

There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Klein Moynihan Turco LLP

Insurance Company Hit With TCPA Claim

A recent class action lawsuit filed in a Texas federal court asserts a Telephone Consumer Protection Act (“TCPA”) claim against American Family Life Assurance Company, Inc. (“AFLAC”) for allegedly placing unsolicited...more

Klein Moynihan Turco LLP

Trucking Marketing Communications are Subject to Various Regulations!

Klein Moynihan Turco LLP on

On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more

Eversheds Sutherland (US) LLP

FCC Rules on Revocation and 1:1 Consent to come into effect in early 2025

On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

Troutman Pepper Locke on

In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Fourth Circuit Adds to TCPA Case Law at Appellate and District Court...

The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more

Troutman Pepper Locke

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

Troutman Pepper Locke on

A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

Klein Moynihan Turco LLP

How To Challenge TCPA Class Action Certification

Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer...more

Klein Moynihan Turco LLP

FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more

Eversheds Sutherland (US) LLP

Georgia joins growing list of states with “mini-TCPAs”

On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their...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

Klein Moynihan Turco LLP

Revised Georgia Telemarketing Law Takes Effect On July 1, 2024

On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of...more

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