On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more
The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more
On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more
On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more
On February 8, 2023, U.S. Magistrate Judge David S. Cayer issued a Memorandum and Recommendation in which he recommended dismissing a Telephone Consumer Protection Act (“TCPA”) claim on the defendant’s motion to dismiss...more
Cellphones are not subject to the protections of the federal DNC Registry, a North Carolina magistrate judge has ruled, recommending that a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss the suit be...more
Two recent District Court opinions highlight an ongoing dispute as to whether the TCPA and its implementing regulations should apply to mobile (cellular) phones and text messages received thereon, as opposed to the more...more
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
U.S. District Court Judge J. Paul Oetken in the Southern District of New York held that a Telephone Consumer Protection Act (TCPA) plaintiff sufficiently alleged facts in order to survive a motion to dismiss on his...more
The TCPA’s Do Not Call (DNC) regulations prohibit telephone solicitations to “residential telephone subscriber[s]” who have “registered [their] telephone number on the national do-not-call registry.” See 47 C.F.R. §...more
Last week, the U.S. District Court for the Northern District of Texas held that mobile phones may qualify as “residential telephones” when used (as the Complaint alleged) primarily for “personal, family, and household use,”...more
In an interesting decision from the District Court of Oregon, United States Magistrate Judge Youlee Yim You recommended granting a motion to deny class certification where uncertainty about the appropriate classification of a...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
Many of those pesky unsolicited calls to your cell phone are illegal. If you’re tired of receiving unwanted calls, you can go to https://complaints.donotcall.gov/complaint/complaintcheck.aspx, fill in some information, and...more
For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more
The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more
The health care industry is in the midst of rapid change as governments fight rising health care costs, providers look to comply with myriad new regulations, and technology continues to take a more prominent role in the...more
The Personal Data Protection Commission (the “Commission’) was established in January 2013 to implement and enforce The Personal Data Protection Act 2012 (“PDPA”). The PDPA fully came into force on 2 July 2014. So far, the...more
A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more