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
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
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
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
A Telephone Consumer Protection Act (TCPA) defendant’s do not call (DNC) policy was not enough to avoid potential TCPA liability, an Illinois federal court recently held....more
Text messages sent to generate real estate sales leads did not qualify as telephone solicitations under the Telephone Consumer Protection Act’s (TCPA) regulations, according to a Texas federal court decision....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
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
3/2/2023
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
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
12/22/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
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
11/1/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
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
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
The termination of a contract didn’t end the established business relationship (EBR) between a consumer and the provider of a vehicle service agreement, according to a New Jersey district court....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
The Federal Trade Commission (FTC) reported on the National Do Not Call (DNC) Registry statistics for Fiscal Year (FY) 2021, along with data on consumer complaints about unwanted telemarketing calls. ...more
Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more
10/27/2021
/ Article III ,
Do Not Call List ,
FCC ,
Injury-in-Fact ,
Invasion of Privacy ,
Private Right of Action ,
Robocalling ,
Standing ,
Statutory Interpretation ,
Statutory Violations ,
Subject Matter Jurisdiction ,
TCPA ,
Telemarketing
As part of Manatt’s continuing monthly coverage of the aftermath of the Facebook v. Duguid decision and how district courts are applying it when determining whether a calling system meets the Supreme Court’s newly clarified...more
Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate...more
Affirming a North Carolina federal court’s judgment awarding $61 million in damages for Telephone Consumer Protection Act (TCPA) violations, the U.S. Court of Appeals, Fourth Circuit, rejected Dish Network’s attempts to evade...more
The U.S. Court of Appeals, Sixth Circuit, recently weighed in on a third party’s potential Telephone Consumer Protection Act (TCPA) liability for assistance to telemarketers....more
An Ohio federal court allowed a plaintiff to pursue a lawsuit based on alleged violations of the National Do Not Call (DNC) Registry—despite the fact that he operated a business from his home and used the number for both...more
Canceling an insurance policy alone was insufficient to revoke the consent of a married couple to receive calls from their former insurance company, an Indiana federal court recently ruled....more
The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting...more
A $61 million judgment in a Telephone Consumer Protection Act (TCPA) class action will stand after a federal court judge denied the defendant’s motion to reduce or set aside the trebled damages award....more
Finding $32 million to be a more reasonable award than $1.6 billion, a Missouri federal court judge ordered the producers of “Last Ounce of Courage” to pay for phone calls promoting the movie that ran afoul of the Telephone...more
Revocation? Think Again. -
On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more
FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters -
Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more
2/23/2016
/ Class Action ,
Declaratory Rulings ,
Dismissals ,
Do Not Call List ,
Faxes ,
FCC ,
Mortgage Lenders ,
Opt-Outs ,
Prior Express Consent ,
Settlement ,
TCPA ,
Text Messages ,
Treble Damages ,
Unsolicited Phone Calls
SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule -
On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more
12/17/2015
/ ATDS ,
Class Action ,
Consent ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Microsoft ,
Settlement ,
TCPA ,
Telemarketing Sales Rule ,
Text Messages