Continuing its focus on the use of artificial intelligence (AI) in robocalls, the Federal Communications Commission (FCC) sent letters to nine telecommunications companies asking about the efforts they are taking to prevent...more
The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes.
True Health Chiropractic sued McKesson Corp. for violating the...more
12/27/2023
/ Advertising ,
Class Action ,
Class Certification ,
End-Users ,
EULA ,
FCC ,
License Agreements ,
McKesson Technologies ,
Statutory Violations ,
TCPA ,
Treble Damages ,
Unsolicited Faxes
In the first decision on the issue, an Arizona federal court held that a Multimedia Messaging Service (MMS) text didn’t run afoul of the Telephone Consumer Protection Act (TCPA)....more
The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission (FCC) guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act...more
Though there has been some debate in the courts on this front, the Federal Communications Commission (FCC or Commission) clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers...more
Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act (TCPA)...more
It’s official: The Federal Communications Commission’s (FCC) reassigned number database (RND), which will hopefully minimize claims brought under the Telephone Consumer Protection Act (TCPA), is up and running after several...more
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
10/27/2021
/ Article III ,
Do Not Call List ,
FCC ,
Injury-in-Fact ,
Invasion of Privacy ,
Private Right of Action ,
Robocalling ,
Standing ,
Statutory Interpretation ,
Statutory Violations ,
Subject Matter Jurisdiction ,
TCPA ,
Telemarketing
The Federal Communications Commission (FCC or Commission) has adopted new rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, providing guidance on how “private...more
In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act (Act)—with the goal of complementing the now decades-old Telephone Consumer Protection Act (TCPA) to stem the tide of...more
While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA...more
Closing “a loophole in the law,” the Federal Communications Commission (FCC) adopted new rules banning caller ID “spoofing”—i.e., using a “fake” caller ID number— for text messages and foreign calls....more
Over a year after the ACA International (ACA) decision from the D.C. Circuit that changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more
Well over a year has passed since the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication...more
One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic...more
In striking down a portion of the Telephone Consumer Protection Act (TCPA) as unconstitutional, the Fourth Circuit opened the door for more litigation against debt collectors....more
In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las...more
Months after the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015...more
In big Telephone Consumer Protection Act (TCPA) news, the U.S. Supreme Court granted certiorari in a junk fax case brought under the statute....more
An Ohio federal court allowed a plaintiff to pursue a lawsuit based on alleged violations of the National Do Not Call (DNC) Registry—despite the fact that he operated a business from his home and used the number for both...more
As we have previously reported, the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more
As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication...more
Although a federal judge in the Northern District of Ohio found that a husband provided consent for his wife to be contacted on her cellphone, the judge also rejected the idea that the plaintiff contractually waived his right...more
As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision...more
As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication...more