Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Inside the TCPA, Episode 9: Robocall Mitigation Plans
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
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
Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more
The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania...more
A contract prohibiting Telephone Consumer Protection Act (TCPA) violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court....more
The Northern District of Texas, in Powers v. One Technologies, LLC, joined its sister courts and the Third, Sixth, and Eleventh Circuit Courts of Appeal to hold that 47 C.F.R. § 64.1200(d), which prohibits certain...more
The District Court for the Northern District of Illinois, in Black v. First Impression Interactive, Inc., No. 21 C 3745, 2022 WL 169652 (Jan. 19, 2022), denied a motion to dismiss a TCPA claim and, in so doing, highlighted a...more
Claims of vicarious liability under the Telephone Consumer Protection Act (TCPA) failed in California federal court after the plaintiff was unable to demonstrate that the defendants had provided the caller with authority to...more
Reversing dismissal, the U.S. Court of Appeals, Seventh Circuit found that a plaintiff had sufficiently pled allegations of vicarious liability to keep his Telephone Consumer Protection Act (TCPA) suit alive....more
A court in the Northern District of California recently granted a defense motion for summary judgment, finding that the defendants were not vicariously liable for a subcontractor’s supposed TCPA violations because the record...more
Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more
Granting dismissal of a Telephone Consumer Protection Act (TCPA) suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls...more
With all the talk of the Supreme Court’s decision in AAPC, it’s upcoming decision in Facebook, and all the other currently hot items-of-the-year in TCPA litigation (Creasy, etc.), it can be easy to skip past decisions that...more
Companies that rely on third parties to market products could face legal exposure under the Telephone Consumer Protection Act (TCPA) when those third-party agents call, text or fax consumers without the requisite consent....more
Last week, the District of Nevada contributed to a growing consensus among Ninth Circuit district courts that TCPA liability generally does not extend to companies that produce equipment used to place unlawful calls—such as...more
Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on the alleged beneficiary of a messaging campaign. Pleadings that lack...more
The Northern District of California recently granted a motion to dismiss, finding the plaintiff failed to plausibly allege that e-commerce platform Shopify was directly or vicariously liable for the alleged TCPA violations of...more
The Seventh Circuit recently issued an opinion with significant implications for defendants evaluating the prospects for due process challenges to awards of statutory damages under the TCPA, as well as defendants facing...more
Many businesses, including retailers, rely on inbound lead generators to identify prospective customers for telephone or text-based direct marketing campaigns. Sourcing inbound leads from a variety of providers allows firms...more
Real Property Update - Foreclosure / Law of the Case: Motion to vacate that attempted to re-litigate issues on standing that had been rejected on direct appeal was precluded by the law of the case doctrine – Schwartz v....more
Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more
The TCPA not only carries draconian penalties, but courts as of late seem to have been rather lenient in allowing claims to proceed based on very thin theories of vicarious liability. However, an opinion by the Seventh...more
A California court tossed a Telephone Consumer Protection Act (TCPA) action seeking to hold the defendant liable for calls made by a lead generator. ...more
New communications technologies are being adopted at a rapid pace by industry. This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA. One such question, which has seen...more
Real Property Update - Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more
An Oklahoma federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) plaintiff on vicarious liability issues, ruling that the defendant was liable for telemarketing calls made by a sales...more