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Telephone Consumer Protection Act Solicitation

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Klein Moynihan Turco LLP

TCPA Case Filings on the Rise!

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Troutman Pepper

California Federal Court Dismisses TCPA Complaint Finding Recruitment Messages Are Not Solicitations

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In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more

Klein Moynihan Turco LLP

Drunk Driving Nonprofit Faces Do Not Call (“DNC”) Compliance Class Action

On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions...more

Klein Moynihan Turco LLP

FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more

Klein Moynihan Turco LLP

TCPA Vicarious Liability

An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more

Manatt, Phelps & Phillips, LLP

State Law Updates in Maryland, West Virginia

In state law news, the West Virginia legislature is considering two new telemarketing bills, while a new law has taken effect in Maryland....more

Manatt, Phelps & Phillips, LLP

Plaintiff Loses On Traceability For Failing To Request DNC List

A Missouri federal court judge found that a plaintiff did not have standing to bring a claim under the Telephone Consumer Protection Act’s (TCPA) Internal Do Not Call (IDNC) regulations because the plaintiff had not first...more

Klein Moynihan Turco LLP

FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more

Faegre Drinker Biddle & Reath LLP

Missouri Federal Court Dismisses Another TCPA Claim Due to Traceability Issues

A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to...more

Adams and Reese LLP

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

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On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA...more

Manatt, Phelps & Phillips, LLP

Florida Amends FTSA

The Florida Telephone Solicitation Act (FTSA), Florida’s version of the Telephone Consumer Protection Act (TCPA), has officially been amended, with Gov. Ron DeSantis signing into law changes that limit the reach and impact of...more

Moritt Hock & Hamroff LLP

Amendments To Florida Mini-TCPA May Curb Lawsuits

On May 25, 2023, Governor Ron DeSantis signed Florida House Bill 761, which made significant changes to the Florida Telephone Solicitation Act (“FTSA”)(Fla. Stat. § 501.059). The amendments became effective immediately and...more

Blank Rome LLP

Florida Dials Back State’s Mini-TCPA

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On May 25, 2023, Florida Governor Ron DeSantis signed HB 761 into law, amending the Florida Telephone Solicitation Act (“FTSA”) to significantly restrict the scope of liability and ability to sue, which should work to limit...more

Jackson Lewis P.C.

Amendments to Florida Telephone Solicitation Act Provides Relief for Businesses

Jackson Lewis P.C. on

On May 25, 2023, the Governor of Florida signed a bill amending the Florida Telephone Solicitation Act (FTSA). The amendments under Florida’s House Bill (HB) 761, become effective immediately upon signing by the Governor....more

Saul Ewing LLP

Florida Dials Back Telephone Solicitation Act

Saul Ewing LLP on

On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions...more

Baker Donelson

Florida Legislature Course-Corrects with Amendments to the FTSA

Baker Donelson on

In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook...more

Pillsbury Winthrop Shaw Pittman LLP

Florida Legislature Reins in Florida Telephone Solicitation Act

The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more

Faegre Drinker Biddle & Reath LLP

Legislature Poised to Overhaul Florida’s mini-TCPA

The Florida Legislature is moving quickly to pass significant remedial amendments to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) before the end of the legislative session this Friday. Should the...more

Jackson Lewis P.C.

The New Wave of Florida Telephone Solicitation Act Litigation

Jackson Lewis P.C. on

With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more

Faegre Drinker Biddle & Reath LLP

Florida Court Finds One Unwanted Text Message Does Not Cause Concrete Harm, Remands FTSA Case to State Court

In Weitz v. Genting New World LLC, No. 1:22-cv-23209-BLOOM, 2023 WL 2328365, at *1 (S.D. Fla. Mar. 2, 2023), Plaintiff Brandon Weitz brought suit against Defendant Genting New World LLC on behalf of himself and a putative...more

Lerman Senter PLLC

Oklahoma Passes New Telephone Solicitation Act Similar to the Federal TCPA

Lerman Senter PLLC on

The recently-signed Oklahoma Telephone Solicitation Act of 2022 (OTSA) will become effective November 1, 2022. The OTSA, like the federal Telephone Consumer Protection Act (TCPA), and the Florida Telephone Solicitation Act...more

Adams and Reese LLP

Construction-Related Companies May Have Reason To Fear Florida’s New Telephone Solicitation Act

Adams and Reese LLP on

Many have heard of the Telephone Consumer Protection Act (TCPA) which restricts automated calls or texts without a cell phone subscriber’s consent. The penalties for violating the TCPA are harsh and range from $500 to $1500...more

Faegre Drinker Biddle & Reath LLP

Barr Ruling Cures Claims Arising During Life of Government-Debt Exception, Holds Texas District Court

Last week, the U.S. District Court for the Southern District of Texas concluded that plaintiffs can bring claims for violations of 47 U.S.C. § 227(b) that arose while the government-debt exception (“GDE”) to that provision...more

Troutman Pepper

District Court Finds Calls to Cell Phones Do not Violate the TCPA’s Prohibition Against Telephone Solicitations to Residential...

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In an Order issued December 16, 2020, the Eastern District of Texas adopted the Report and Recommendation of United States Magistrate Judge Kimberly C. Priest Johnson finding that calls placed to a cellular telephone do not...more

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