Latest Publications

Share:

FCC Adopts Revocation Rules

On February 15, 2024, the Federal Communications Commission (FCC) voted to adopt rules expressly addressing revocation of consent. The FCC’s stated goals were to “strengthen consumers’ ability to revoke consent” and “codify...more

5/10/2024  /  Consent , FCC , NPRM , Opt-Outs , Revocation , TCPA , Text Messages

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

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

Post-Facebook v. Duguid Litigation Roundup December 2023

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

FCC Takes First Step Towards AI-focused Regulations by Issuing Notice of Inquiry

On November 15, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry seeking information and input from communications-focused industries on how the FCC should respond to the rapid proliferation of AI...more

FCC’s Second Report and Order Will Leave Lead Generation Industry in Limbo

On November 22, the FCC issued a Second Report and Order with sweeping implications for the lead generation industry. The FCC has tentatively scheduled the issue for a vote during its December 13, 2023 open meeting....more

Timing, Content and ‘Unnatural’ Voice Allegations Keep TCPA Suit Alive

Allegations that a defendant left identical messages in an “unnaturally perfect” voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss....more

Contract Requirements May Help TCPA Defendant Secure Early End to TCPA Lawsuit

A Telephone Consumer Protection Act (TCPA) defendant may be able to evade a lawsuit after pointing to contract terms that required its third-party vendor to comply with the statute in a new decision from Missouri....more

One Business Day After ‘STOP’ Text Not Enough For Suit

A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more

FCC Reaches New Heights With $300M Robocall Fine

The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network....more

Text Message Not An “Artificial or Prerecorded Voice,” Ninth Circuit Rules

A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled late this summer. In her TCPA class action,...more

Eleventh Circuit Doubles Down on Drazen II, Applies It to FTSA

A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on...more

Post-Facebook v. Duguid Litigation Roundup - September 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

$40M TCPA Settlement for Real Estate Company

A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements....more

Lead Generator Must Indemnify TCPA Defendant

A lead generator must indemnify a Telephone Consumer Protection Act (TCPA) codefendant after an Illinois federal court granted summary judgment in favor of the codefendant....more

Post-Facebook v. Duguid Litigation Roundup - August 2023 #2

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Can a Minor Provide Consent for TCPA Calls?

The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed...more

REMINDER—New Rules Impacting Exempted Calls Now Effective

On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became...more

Use of Artificial Intelligence in Calling Activity Presents TCPA Compliance Considerations

Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more

Connecticut Senate Bill 1058

The state telemarketing law amendment trend continues. On June 26, 2023, Connecticut Governor Ned Lamont signed S.B. 1058 into law. Connecticut General Assembly, Substitute for Raised S.B. No. 1058. This bill makes important...more

Post-Facebook v. Duguid Litigation Roundup - August 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup - July 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Post-Facebook v. Duguid Litigation Roundup - June 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Cellphones Not Covered by DNC Protections, NC Court Rules

Cellphones are not subject to the protections of the federal DNC Registry, a North Carolina magistrate judge has ruled, recommending that a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss the suit be...more

Established Business Relationship Defeats TCPA Class Claims

A plaintiff’s Telephone Consumer Protection Act (TCPA) class action claims failed in the face of an established business relationship defense, an Illinois federal court has ruled....more

62 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide