News & Analysis as of

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little...

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more

Three Important TCPA Developments

Within the course of two weeks, there have important modifications in the way that the TCPA is applied and enforced. 1. In the Matter of GroupMe Inc./Skype Communications S.A.R.L., FCC Declaratory Ruling, FCC 14-33...more

FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

Last week, the Federal Communications Commission (FCC) adopted two declaratory rulings that eased some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational...more

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

Voluntarily Providing Cell Phone Number Gives Text Message Consent under TCPA, California and Florida Federal Courts Rule

A consumer who voluntarily provides a cell phone number in the course of a transaction has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages from the entity to which the...more

District Court Denies Class Certification For Text Message Recipients Where Issue of Consent Predominate

The United States District Court for the Northern District of California recently denied class certification for plaintiffs alleging a claim under the Telephone Consumer Protection Act (TCPA). ...more

Are You Ready for the New Telephone and Text Marketing Rules?

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA)...more

Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent

After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations...more

Federal District Court Holds Phone Number Provided In Online Account Information Is Consent To Receive Text Messages

On May 30, the U.S. District Court for the Northern District of California held that a user of an online service consented to receiving text messages from that service by including his mobile number in his online account...more

No TCPA Express Consent When Instructions to the Contrary are Provided

The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides...more

New Automated Opt-Out, Text Message, and Prerecorded Telemarketing Rules to Take Effect in 2013

Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text...more

Alabama District Court Grants Pharmacy’s Motion To Dismiss, Holding Plaintiff’s Claim Barred Because She Provided Her Cell Phone...

After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that...more

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