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The United States Federal Communications Commission › Class Action › Summary Judgment

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
Bradley Arant Boult Cummings LLP

Ask and You Shall Be Deemed to Have Consented to Receive: The Eleventh Circuit Affirms TCPA Fax Summary Judgment

Bradley Arant Boult Cummings LLP on

Consent is the most powerful weapon companies have against TCPA liability, and a recent Eleventh Circuit opinion illustrates how. In Gorss Motels, Inc. v. Safemark Systems, L.P., the Eleventh Circuit affirmed summary judgment...more

Womble Bond Dickinson

First Circuit Concludes that Hybrid Cellular-VoIP Telephone Numbers Are Subject to TCPA

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The Court of Appeals for the First Circuit reversed a summary judgment granted in favor of Verizon, by concluding that a “hybrid” telephone number using both VoIP and voice wireless services must be considered “assigned to a…...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Sheppard Mullin Richter & Hampton LLP on

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Womble Bond Dickinson

REPUBLISHED TCPA Horror Story: 1 Fax+1 Lawsuit = $12.5M Award– Man’s home, business in limbo

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OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

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Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Womble Bond Dickinson

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

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In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Eversheds Sutherland (US) LLP

Legal Alert: Voice Over Internet Protocol and the TCPA:  The Hidden Pothole on the Information Super Highway

Eversheds Sutherland (US) LLP on

Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - May 2016

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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

Foley & Lardner LLP

Class Action TCPA Case Dismissed Because Calls Were Made Solely To Collect a Debt Owed To Or Guaranteed By The United States

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The Pennsylvania Higher Education Assistance Agency autodialed student debtor, Neil Silver, in January 2014 in an effort to collect on student debt. Silver claimed that these calls were made without his consent, and therefore...more

BakerHostetler

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

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On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2015

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After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

Benesch

UTC Fire & Security Obtains Summary Judgment In Putative TCPA Class Action

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The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the...more

Benesch

GroupMe Obtains Summary Judgment In TCPA Class Action; Dialing Equipment Is Not An ATDS

Benesch on

In Glauser v. GroupMe, Inc., the Northern District California granted summary judgment in favor of GroupMe, Inc. (“GroupMe”) in a putative class action alleging that GroupMe sent text messages via an automatic telephone...more

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