On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more
11/30/2023
/ Compliance ,
Consent ,
FCC ,
Lead Generators ,
Marketing ,
Proposed Rules ,
Retailers ,
Robocalling ,
TCPA ,
Text Messages ,
Third-Party Service Provider
Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more
8/23/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
CAN-SPAM Act ,
Commercial Insurance Policies ,
Duty to Defend ,
Employer Liability Issues ,
Failure To Disclose ,
Insurance Litigation ,
Personal Information ,
Policy Terms ,
State Privacy Laws ,
TCPA
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
In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more
8/1/2023
/ Auto-Dialed Calls ,
Burden of Proof ,
Class Action ,
Class Certification ,
Class Representatives ,
Consent ,
Defense Strategies ,
Do Not Call List ,
Putative Class Actions ,
TCPA ,
Telemarketing
In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more
In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more
7/18/2023
/ Arbitration ,
Class Action ,
Consent ,
Contract Formation ,
Contract Terms ,
Enforceability ,
Hyperlink ,
Motion to Compel ,
TCPA ,
Terms of Use ,
Websites
The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more
7/13/2023
/ Affiliates ,
American Arbitration Association ,
Arbitration ,
Arbitrators ,
Class Action ,
Class Representatives ,
Consumer Contracts ,
Contract Terms ,
Delegation Clauses ,
Mandatory Arbitration Clauses ,
Non-Signatories ,
Putative Class Actions ,
TCPA ,
Text Messages
On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking...more
4/12/2023
/ Comment Period ,
Consent ,
FCC ,
Final Rules ,
Lead Generators ,
Mobile Devices ,
NPRM ,
Prior Express Consent ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Wireless Internet Service Providers
We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone Consumer Protection Act. So where is the...more
It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more
6/30/2021
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
TCPA ,
Telemarketing ,
Text Messages
Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more
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
Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more
3/24/2021
/ Article III ,
Corporate Counsel ,
Federal Jurisdiction ,
Injury-in-Fact ,
Jurisdiction ,
Motion to Remand ,
Remand ,
Spokeo v Robins ,
Standing ,
TCPA ,
Text Messages
With all the talk of the Supreme Court’s decision in AAPC, it’s upcoming decision in Facebook, and all the other currently hot items-of-the-year in TCPA litigation (Creasy, etc.), it can be easy to skip past decisions that...more
Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more
Just because the number of TCPA and FDCPA claims is falling (for now) is not necessarily a guarantee that the quality of remaining cases is any better, as evidenced by the Western District of Wisconsin’s recent decision in...more
Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more
2/25/2021
/ Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Corporate Fines ,
Do Not Call List ,
FCC ,
Marketing ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Voicemail
In July of 2020, the Supreme Court issued its highly anticipated decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020), known ever since as the AAPC decision. The Supreme Court set...more
2/3/2021
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
The Federal Communications Commission (“FCC”) seeks comment on the Petition for Expedited Declaratory Ruling Regarding the Application of 47 U.S.C. § 227(b)(1) of the Telephone Consumer Protection Act (“Petition”) filed by...more
The Telephone Consumer Protection Act (TCPA) provides a (deceptively?) simple definition of an Automatic Telephone Dialing System (ATDS):
The term “automatic telephone dialing system” means equipment which has the capacit...more
Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more
Serial-litigant Mark Leyse was handed a well-deserved defeat after a decade long crusade against Bank of America (“BOA”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Leyse v. Bank of Am., N.A.,...more
Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more
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
As the walls start to close in for the plaintiffs’ bar on the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”), plaintiffs’ attorneys continue to rely on...more