TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more
Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more
9/18/2019
/ Advertising ,
ATDS ,
Cell Phones ,
Class Certification ,
Constitutional Challenges ,
Debt Collection ,
Exemptions ,
Faxes ,
Statutory Damages ,
TCPA ,
Telephone Service Providers ,
Text Messages ,
Unsolicited Faxes
The volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA...more
Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more
3/14/2019
/ Advertising ,
ATDS ,
Class Action ,
Class Certification ,
Dismissals ,
Personal Jurisdiction ,
Putative Class Actions ,
Summary Judgment ,
TCPA ,
Tolling ,
Vicarious Liability
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more
As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more
Since our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case. But that was not the only meaningful case decided in the last month or so. Decisions continue to roll in on...more
If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more
8/30/2018
/ Advertising ,
Article III ,
ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Faxes ,
Motion to Dismiss ,
Partial Summary Judgments ,
Personal Jurisdiction ,
Reversal ,
Settlement ,
Standing ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more
Clients regularly ask: If we win this putative class action, can the opposition just file another one on behalf of another as-yet-unidentified putative class representative? Until June 11, the answer was “Maybe?” Now, the...more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more
6/6/2018
/ ATDS ,
Auto-Dialed Calls ,
Class Certification ,
Consent ,
Exceptions ,
Interlocutory Appeals ,
Mootness ,
Personal Jurisdiction ,
Prior Express Consent ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA ,
Telemarketing