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Text Messages Facebook Inc v Duguid

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

Womble Bond Dickinson

Second Circuit Finds Text Messages Selected and Sent From a List Using Alleged “SMS Blaster” Not Subject to TCPA Autodialer...

Womble Bond Dickinson on

Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...more

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

Carlton Fields on

In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Shipkevich PLLC

2nd Circuit Narrowly Interprets TCPA: Huge Win for the Defense Bar

Shipkevich PLLC on

On May 15, 2024, the 2nd Circuit Court of Appeals dismissed a class action lawsuit against Subway for alleged Telephone Consumer Protection Act (“TCPA”) violations. See Soliman v. Subway Franchisee Advert. Fund Tr., LTD. The...more

WilmerHale

Year in Review: 2023 TCPA Litigation

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. The Telephone Communications Privacy Act (TCPA) has always been a hotbed for privacy litigation, especially given the...more

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more

Troutman Pepper

Pa. Autodialer Decision Has Turned TCPA Tides in 3rd Circ.

Troutman Pepper on

The U.S. Supreme Court's 2021 decision in Facebook Inc. v. Duguid resolved a long-standing circuit split over the definition of an automatic telephone dialing system, or ATDS, under the Telephone Consumer Protection Act. ...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup December 2023

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Womble Bond Dickinson

FCC Opens Inquiry Into AI’s Evolving Use in Robocalls and Robotexts, and Potential Consumer Impacts

Womble Bond Dickinson on

The FCC has adopted a Notice of Inquiry seeking public comment on the use of evolving AI technologies in robocall and robotext campaigns, potential consumer impacts, and associated issues surrounding TCPA compliance and the...more

Womble Bond Dickinson

MMS Text Messages That Include Links to Audio Are Not “Prerecorded Voice” Subject to TCPA Wireless Prohibition When a “Conscious...

Womble Bond Dickinson on

Following the recent Ninth Circuit decision in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), see previous post, where the court held that SMS messages that lack any audible component are...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - September 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - August 2023 #2

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Cozen O'Connor

Ninth Circuit Confirms: Text Messages Are NOT “Prerecorded Voice Messages” Under TCPA

Cozen O'Connor on

On August 8, 2023, the Ninth Circuit Court of Appeals issued a substantial win for Telephone Consumer Protection Act (TCPA) defendants in a case of first impression styled Trim v. Reward Zone. In the aftermath of Facebook,...more

McDermott Will & Emery

Special Report - State Mini-TCPA Laws Create Patchwork Quilt of Regulations for Automated Calls and Texts - July 2023

McDermott Will & Emery on

Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - July 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Goodwin

Florida Amends Mini-TCPA, Clarifies Confusion

Goodwin on

Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more

Carlton Fields

How Fla. Amendment Changes the State's Mini-TCPA

Carlton Fields on

Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated. As I will discuss below, while there are some...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - June 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - February 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

Venable LLP on

Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - December 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - November 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - October 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - September 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

McDermott Will & Emery

Multiple Layers of TCPA Defense Remain Important after Duguid

McDermott Will & Emery on

The Supreme Court’s 2021 decision in Facebook v. Duguid changed the landscape of Telephone Consumer Protection Act (TCPA) litigation. For years prior, aggressive plaintiffs had stretched the TCPA’s antiquated language...more

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