A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on...more
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
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Telemarketing ,
Text Messages
The Eleventh U.S. Circuit Court of Appeals has agreed to an en banc review of a notable decision issued last July with respect to Article III standing for purposes of a Telephone Consumer Protection Act (TCPA) lawsuit. The...more
Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more
10/27/2021
/ Article III ,
Do Not Call List ,
FCC ,
Injury-in-Fact ,
Invasion of Privacy ,
Private Right of Action ,
Robocalling ,
Standing ,
Statutory Interpretation ,
Statutory Violations ,
Subject Matter Jurisdiction ,
TCPA ,
Telemarketing
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court....more
In a pair of cases from the U.S. Court of Appeals, Eleventh Circuit, and a federal district court in California, defendants were successful in getting Telephone Consumer Protection Act (TCPA) suits dismissed for lack of...more
Reversing dismissal of a purported class action under the Telephone Consumer Protection Act, the U.S. Court of Appeals for the Seventh Circuit held that an affirmative defense alleged by the defendant must be heard on the...more
As our readers know, many federal courts have found standing and have refused to dismiss Telephone Consumer Protection Act (TCPA) cases under the principles announced in Spokeo v. Robins. Seeming to buck the trend, the U.S....more
A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA...more
In a positive development for financial institutions and other businesses looking to communicate with customers via phone, a federal district court dismissed a Telephone Consumer Protection Act (TCPA) suit based on the...more
President Signs Legislation Modernizing Federal Chemical Regulation Law -
Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more
6/24/2016
/ Article III ,
Breach Notification Rule ,
Chemicals ,
Class Action ,
Data Breach ,
Environmental Protection Agency (EPA) ,
False Advertising ,
FRCP 23 ,
Independent Contractors ,
Injury-in-Fact ,
NAD ,
PF Chang's ,
Robocalling ,
Settlement ,
Spokeo v Robins ,
Standing ,
TCPA ,
Toxic Substances Control Act (TSCA) ,
Uber
As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more
5/25/2016
/ Article III ,
Class Action ,
Class Certification ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FRCP 23 ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
TCPA ,
Text Messages
BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases -
The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more
5/18/2016
/ Article III ,
Class Action ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Rules of Civil Procedure ,
Injury-in-Fact ,
Mootness ,
Personal Liability ,
Rule 68 ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Summary Judgment ,
TCPA
No Need to Wait for the U.S. Supreme Court—Seventh Circuit Rules on Mooting Offers in TCPA Suits -
The latest court to weigh in on an offer of judgment in a Telephone Consumer Protection Act Suit: the Seventh Circuit...more
9/23/2015
/ Article III ,
Declaratory Rulings ,
Faxes ,
FCC ,
Genesis Healthcare Corp. v. Symczyk ,
Injunctive Relief ,
Mobile Apps ,
Mootness ,
Motion for Summary Judgment ,
Opt-Outs ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
TCPA ,
Text Messages ,
Third-Party