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Telephone Consumer Protection Act › Statutory Violations › Class Certification

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

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

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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

Troutman Pepper

Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s...

Troutman Pepper on

In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more

Manatt, Phelps & Phillips, LLP

Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

Manatt, Phelps & Phillips, LLP on

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

Faegre Drinker Biddle & Reath LLP

Court Finds That Some Soundboard Calls Can Qualify As “Prerecorded Voice” Calls, At Least When They Do Not “Interact With the...

Faegre Drinker Biddle & Reath LLP on

As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

Faegre Drinker Biddle & Reath LLP on

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

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