News & Analysis as of September 23, 2024

The United States Federal Communications Commission › Injury-in-Fact

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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 +

NC Federal Court Permits Suit Based on FCC Internal DNC Registry Violation

Manatt, Phelps & Phillips, LLP on 10/27/2021

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

Dialing In: TCPA Top 5 Issues for 2021

Eversheds Sutherland (US) LLP on 1/13/2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

No Speaking? No Standing!

Carlton Fields on 12/5/2019

On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

BCLP on 8/17/2017

The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

TCPA Tracker - June 2017

Kelley Drye & Warren LLP on 6/14/2017

D.C. Circuit Denies Request for En Banc Review of Fax Advertisement Decision On June 6, 2017, the U.S. Court of Appeals for the D.C. Circuit unanimously denied a request by a group of class action plaintiff petitioners in...more

"Privacy & Cybersecurity Update - February 2017"

Skadden, Arps, Slate, Meagher & Flom LLP on 3/3/2017

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

Smith Debnam Narron Drake Saintsing & Myers,... on 2/14/2017

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

TCPA Connect - September 2016

Manatt, Phelps & Phillips, LLP on 9/21/2016

SPECIAL FOCUS: Responses to Retail Webinar Attendee Questions - During our hugely successful “Avoiding TCPA Pitfalls: Essential Guidance for Retailers” webinar this summer, we received dozens of questions from attendees,...more

Monthly TCPA Digest - August 2016

Mintz on 8/26/2016

In light of the continued compliance and litigation challenges presented by the Telephone Consumer Protection Act (TCPA), Mintz Levin’s TCPA and Consumer Calling Practice team have launched an inaugural newsletter to keep you...more

Who’s Still “Standing” Following Spokeo, Inc. v. Robins?

Kelley Drye & Warren LLP on 6/28/2016

From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III standing...more

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

Manatt, Phelps & Phillips, LLP on 5/25/2016

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

TCPA Connect - May 2016

Manatt, Phelps & Phillips, LLP on 5/18/2016

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

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The United States Federal Communications Commission › Injury-in-Fact

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