News & Analysis as of

Invasion of Privacy Telephone Consumer Protection Act

Goodwin

Internet Privacy Litigation Continues to Create Uncertainty for Websites Using Third-Party Technology while Expanding to More...

Goodwin on

The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more

Ballard Spahr LLP

Sixth Circuit rules plaintiff’s receipt of one ringless voicemail provides standing for TCPA claim

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A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more

Benesch

Ninth Circuit Expands Article III Standing For TCPA Claims

Benesch on

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

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

Shipkevich PLLC

Judge Calls Out TCPA Frequent Filer: “Far From Plaintiff’s First Rodeo”

Shipkevich PLLC on

“This is far from Plaintiff Na’eem Betz’s first rodeo. A frequent pro se filer, he brings this TCPA action against Synchrony Bank for allegedly calling him over 80 times using an autodialer and pre-recorded message,” stated...more

Manatt, Phelps & Phillips, LLP

Single RVM Insufficient to Establish Standing for TCPA Suit

Does the receipt of a single ringless voicemail (RVM) create federal Article III standing for a Telephone Consumer Protection Act (TCPA) suit? No, an Ohio federal court has ruled, finding that the plaintiff failed to allege...more

Manatt, Phelps & Phillips, LLP

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

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

Rivkin Radler LLP

Insurance Update - July 2021

Rivkin Radler LLP on

Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues. The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. ...more

Robinson+Cole Data Privacy + Security Insider

Eleventh Circuit Says Invasion-of-Privacy Exclusion Bars Coverage of Class Action Settlement

Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc.  did not have to cover the $60.4 million settlement of  a class...more

Orrick, Herrington & Sutcliffe LLP

Third Circuit Affirms Summary Judgment for TCPA Defendant for Lack of Harm

On May 19, 2021, the United States Court of Appeals for the Third Circuit unanimously affirmed a district court’s decision granting summary judgment for Bank of America in a Telephone Consumer Protection Act (“TCPA”) class...more

Maynard Nexsen

December 2020 Torts & Insurance Fourth Circuit Cases of Interest

Maynard Nexsen on

Periodically, Nexsen Pruet member Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more

Spilman Thomas & Battle, PLLC

Sorry, Wrong Number: The Ninth Circuit and TCPA Liability

The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else - Introduction - On June 3, 2020, the United...more

Faegre Drinker Biddle & Reath LLP

District Court Sharpens Focus on Injury-in-Fact Requirement in Text Messaging Cases

The Southern District of Florida recently dismissed a TCPA putative class action for lack of standing, finding that the plaintiff could not show he suffered a concrete injury-in-fact. Reinforcing Eleventh Circuit precedent,...more

Seyfarth Shaw LLP

Eleventh Circuit Dismisses TCPA Claim For Lack Of Standing Where Plaintiff Allegedly Received A Single Unsolicited Text Message

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“The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in one’s face. Annoying, perhaps, but not a basis for invoking the...more

Womble Bond Dickinson

Court Dismisses Lawsuit by Serial Litigant Against TCPA Litigator List

Womble Bond Dickinson on

With its potential for lucrative statutory damages, the TCPA attracts serial litigants like moths to a flame. In response, some businesses are trying to help callers avoid calling numbers associated with serial litigants by...more

Polsinelli

Chirp, Buzz, Blink: How the Eleventh Circuit Brought New Life to Challenging Injury Claims in TCPA Class Actions

Polsinelli on

The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more

Ballard Spahr LLP

11th Circuit Splits From Ninth Circuit on Text Message-Based TCPA Claims

Ballard Spahr LLP on

In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more

Akin Gump Strauss Hauer & Feld LLP

11th Circuit Holds That Single Unwanted Text Message Does Not Confer Standing

• In Salcedo v. Hanna, the court found that a single text message sent in alleged violation of the TCPA does not result in concrete injury required by Article III. • A single text message does not result in the type of...more

Womble Bond Dickinson

Eleventh Circuit Finds No Harm in a Single Multimedia Text Message

Womble Bond Dickinson on

In Salcedo v. Hanna, No. 17-14077 (11th Cir. 2019), the Eleventh Circuit recently ruled that receipt of a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone...more

Sheppard Mullin Richter & Hampton LLP

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA). In Salcedo v. Hanna, et al., Case No. 17-14077, 2019 U.S....more

Hudson Cook, LLP

Like to Live Dangerously? Have I Got a Deal for You!

Hudson Cook, LLP on

Do you have too much positive goodwill in the community and marketplace? Need to shed some so you can pump up your bad boy image? How would you like to engage in some illegal conduct that will result in claims of invasion of...more

White and Williams LLP

Invasion of Privacy Exclusion in a Claims-Made Policy and Looking Ahead to Data Privacy Litigation

This week in Horn v. Liberty Insurance Underwriters, Inc., 2019 U.S. Dist. LEXIS 90194 (S.D. Fla. May 30, 2019), the Florida district court held that an invasion of privacy exclusion under a claims-made policy prohibited...more

Seyfarth Shaw LLP

Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 1, 2019

Carlton Fields on

Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Rules Telemarketer’s Single Unanswered Call Creates Article III Standing

A single missed call from a telemarketer constitutes a concrete injury that gives rise to standing, a federal district court in California has ruled. In Shuckett v. DialAmerica Marketing, Inc., 2019 U.S. Dist. LEXIS 29598...more

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