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
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
6/8/2023
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Reassigned Phone Numbers ,
Robocalling ,
SCOTUS ,
TCPA ,
Telecommunications ,
Text Messages
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
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
9/27/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
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
Reversing dismissal, the U.S. Court of Appeals, Seventh Circuit found that a plaintiff had sufficiently pled allegations of vicarious liability to keep his Telephone Consumer Protection Act (TCPA) suit alive....more
10/27/2021
/ Apparent Authority ,
Corporate Counsel ,
Established Business Relationship ,
Lead Generators ,
Ratification ,
Reversal ,
Robocalling ,
TCPA ,
Telemarketing ,
Third-Party Service Provider ,
Vicarious Liability
Interpreting the Supreme Court’s ruling in Barr v. American Association of Political Consultants, Inc., severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in...more
Deepening a circuit split, the Eleventh Circuit has weighed in on the hotly debated issue of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) and has notably...more
A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA)....more
A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA). In an opinion issued on...more
Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from...more
In April 2018, a Connecticut federal court—deciding a case on remand from the U.S. Court of Appeals, Second Circuit—dismissed a Telephone Consumer Protection Act (TCPA) action challenging a faxed dinner invitation in...more
As we previously reported, the D.C. Circuit issued its long-awaited decision in the ACA International case earlier this year, which was quickly followed by a Federal Communications Commission (FCC) public notice (Notice)...more
In City Select Auto Sales, Inc. v. David Randall Associates, Inc. et al., the U.S. Court of Appeals, Third Circuit has affirmed an opinion from the U.S. District Court, District of New Jersey that a corporate executive was...more
Thanks to the doctrine of derivative sovereign immunity, a defendant was absolved of liability in a Telephone Consumer Protection Act (TCPA) class action by the Fourth Circuit in Cunningham v. General Dynamics Information...more
A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida...more
Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)? Yes, an Illinois federal court recently declared, denying the defendant’s...more
Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and...more
A federal court in Wisconsin held that calls made using Voice over Internet Protocol (VoIP) apps may result in liability under the Telephone Consumer Protection Act (TCPA) where the called party incurs a charge for the call...more
Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant....more
Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement....more