Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Inside the TCPA, Episode 9: Robocall Mitigation Plans
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
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
While there might not be such a thing as a free lunch, Subway in 2016 texted a consumer that she could receive a free bag of chips with any purchase. The text let the consumer know she could respond STOP to opt out of the...more
Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more
Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more
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
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
Imagine facing the prospect of a crippling class action lawsuit and having to engage in costly discovery to disprove the claims, even where clear evidence of innocence is presented at the pleading stage. For one cannabis...more
Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more
Three individuals have sued Donald J. Trump for President, Inc. (the “Campaign”) in a class action for alleged violations of the TCPA. Pederson v. Donald J. Trump for President, Inc., No. CV 19-2735 (JRT/HB), 2020 WL 3047779...more
Whittaker v All Reverse Mortgage Inc.. No. CV 20-08016-PCT-DLR, 2020 WL 28229785 (D. Ariz. May 29, 2020) - Plaintiff filed a putative class action, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more
Hinshaw continues to monitor the deepening circuit split over what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), which restricts certain automated calls and text...more
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
On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more
One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more
Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more
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
Prerecorded calls made to warn consumers about tainted beef qualified for the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA), a California federal court recently ruled....more
On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more
A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Duguid v. Facebook, Inc., has reaffirmed the broad reading of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic...more
On May 30, 2019, the Fourth Circuit affirmed a $61,000,000 classwide judgment against Dish Network based on violations of the TCPA’s National Do Not Call Registry (“DNC”) rules committed by Dish’s outside agent Satellite...more
Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more
Real Property Update - Homestead: injunction for municipal violations, which prevented a spouse from returning to the property, did not destroy or "abandon" homestead protections (preventing one spouse from selling the...more
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
As we have previously reported, the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more
Spotlight on Consent: Individualized Questions of Consent Preclude Class Certification - Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should...more