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Telephone Consumer Protection Act › Nuisance

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Hinshaw & Culbertson - Insights for Insurers

Seventh Circuit Affirms "Information Laws" Exclusion Precludes Coverage for TCPA and Related Common Law Claims

Hinshaw & Culbertson - Insights for Insurers on

The Seventh Circuit has affirmed a ruling by an Illinois federal district court, holding that an "Information Laws" exclusion bars coverage for an insured dental services company's TCPA claim. Mesa Laboratories, Inc. v....more

Manatt, Phelps & Phillips, LLP

New York Enacts Tougher Telemarketing Law

Manatt, Phelps & Phillips, LLP on

Businesses in New York will face a tougher law with steeper penalties for telemarketing activities as of March 1, 2020. In late 2019, Governor Andrew M. Cuomo signed into law the Nuisance Call Act, which mandates that...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

Womble Bond Dickinson

FCC Seeks Comments on Definition of “Sender” Under Junk Fax Rules by April 8, 2019

Womble Bond Dickinson on

On February 26, 2019, the law firm Akin Gump Strauss Hauer & Feld LLP (“Akin Gump”) filed a petition (“Petition”) with the Federal Communications Commission (“Commission”) requesting that the Commission “expeditiously...more

Smith Debnam Narron Drake Saintsing & Myers,...

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

Smith Debnam Narron Drake Saintsing & Myers,... on

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

Womble Bond Dickinson

Grateful Dead: Sixth Circuit Holds TCPA Claim Survives Death of Plaintiff

Womble Bond Dickinson on

On Friday, the Sixth Circuit held in a matter of first impression that claims under TCPA survive the death of the Plaintiff, and may be prosecuted by a successor-in-interest. In Parchman v. SLM Corp., No. 17-5968, 2018...more

Burr & Forman

Illinois District Court Denies Motion to Certify TCPA Class Action

Burr & Forman on

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

Burr & Forman

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Burr & Forman on

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

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