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Seventh Circuit Throws FCC “Guidance” In Trashcan

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

A Court in NY Just Reined in the Definition of “Advertisements” Under the TCPA

At the time this is published, all the rage in the TCPA realm right now is talking about the Supreme Court’s recent decision in Facebook. And it was clearly a critical and much needed decision....more

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...more

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

On March 25, 2014, Brian Jackson received a text message on his cellular phone, allegedly making an offer for cruise ticks on behalf of Caribbean Cruise Line (“CCL”). Jackson filed suit against AdSource Marketing Ltd....more

Chi-Town Pizza Avoids Class Certification in TCPA Suit

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits the transmission of “an unsolicited fax advertisement.” Rosen Family Chiropractic (“Rosen”) filed suit against Chi-Town Pizza on Div. St. (“Chi-Town...more

Sender Of Faxes May Be Directly Liable For TCPA Violations

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the...more

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative...more

Ninth Circuit Court of Appeals TCPA Ruling: Thomas v. Taco Bell Corporation

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. June 6, 2014), the Ninth Circuit Court of Appeals affirmed summary judgment in favor of Defendant Taco Bell Corporation, holding that Taco Bell could not be held liable as...more

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