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Check Your Phone: States Continue to Enact Mini-TCPAs

Companies that use the latest technology to contact customers and prospects by telephone or text messages breathed a huge sigh of relief after the United States Supreme Court issued its decision in Facebook, Inc. v. Duguid...more

Supreme Court Adopts Narrow Definition of TCPA Automatic Telephone Dialing System

Starting in 2003 when the FCC adopted an expansive interpretation of the definition of an “automatic telephone dialing system” (ATDS) that included most modern telephone equipment, the plaintiffs’ bar has extracted hundreds...more

Eleventh Circuit Reaches Back 135 Years to Reject Incentive Awards for Lead Plaintiffs in Class Actions

In Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), the Eleventh Circuit Court of Appeals upended what has become common practice in class action settlement by ruling that “incentive”...more

Eleventh Circuit Holds that TCPA Consent Cannot be Revoked when Provided as Consideration in a Binding Contract

In Medley v. Dish Network, LLC, No. No. 18-13841, 2020 WL 2092594 (11th Cir. May 1, 2020), the Eleventh Circuit held that consent to receive calls using an automatic telephone dialing system under the Telephone Consumer...more

Second Circuit Adds to the TCPA Chaos

Earlier this month, in Duran v. La Boom Disco, Inc. --- F.3d ----, 2020 WL 1682773 (2d Cir. Apr. 7, 2020), the Second Circuit Court of Appeals widened the circuit split over the definition of an “automatic telephone dialing...more

4/27/2020  /  ATDS , Auto-Dialed Calls , FCC , TCPA

Third Circuit Limits ATDS Definition under the TCPA to Random Number Dialers

In the most significant case to interpret what constitutes an “automatic telephone dialing system” (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) in the wake of the D.C. Circuit’s decision in ACA...more

Where Do Things Stand? Courts Reach Different Conclusions About How the D.C. Circuit’s ACA Int’l Ruling Impacts Prior FCC Rulings

While everyone agrees that the D.C. Circuit’s decision in ACA Int’l v. FCC rejecting the FCC’s broad definition of an “automatic telephone dialing system” was a game changer for TCPA litigation, courts are struggling to...more

D.C. Circuit Strikes Down Key Components of FCC’s 2015 Interpretation of the TCPA

In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more

Recent Decision Finds Calls to VoIP Service Outside the Scope of TCPA

The latest decision in the ongoing dispute over whether calls placed to numbers assigned to voice over internet protocol (VoIP) services violate the Telephone Consumer Protection Action (TCPA) went in favor of TCPA...more

Reyes v. Lincoln Automotive Financial Services: Second Circuit Rules that TCPA Does Not Permit Revocation When Consent is Provided...

In Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv, 2017 WL 2675363 (2d Cir. June 22, 2017), the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be...more

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