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
As we reach the peak of this year’s Spooky Season, we thought it would be helpful to revisit some of the scariest recent developments in the realm of TCPA litigation and compliance. The conventional wisdom is that some of...more
Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the cases from this year are...more
Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more
6/2/2020
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Consent ,
Damages ,
Motion To Stay ,
Oral Argument ,
Remand ,
Revocation ,
SCOTUS ,
TCPA ,
Texting
We’re a quarter of the way through 2020 — even if March may have seemed liked several years unto itself — and it is shaping up to be another big year for TCPA litigation. We’ve gone through the dozens of TCPA decisions...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
For the vast majority of Americans, receiving a single unsolicited text message is a mere annoyance that does not warrant a federal lawsuit. But spurred by the language of the TCPA and a series of judicial decisions...more
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
As we speed past Thanksgiving and enter the holiday season, kids shouldn’t be the only ones putting together their wish lists. Here are some things that might not fit under a tree, but would certainly fill us with the joy of...more
11/30/2018
/ Biometric Information Privacy Act ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
FCC ,
Federal Breach Notification Standard ,
Goods or Services ,
Hobbs Act ,
IL Supreme Court ,
Opt-Outs ,
TCPA ,
Unsolicited Faxes
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
Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...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
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
Overview of the Ruling -
On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more
3/26/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Declaratory Rulings ,
FCC ,
Personal Jurisdiction ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
Every month or so, we review all Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (“TCPA”), decisions across the country to stay abreast of developments as we defend these cases throughout the United States. In this...more
12/19/2017
/ Auto-Dialed Calls ,
Discovery Disputes ,
FCC ,
Personal Jurisdiction ,
Prior Express Consent ,
Revocation ,
TCPA ,
Telemarketing ,
Text Messages ,
Venue ,
VoIP