Though its sponsors in 1991 intended it for small claims court, the Telephone Consumer Protection Act (TCPA) has turned into high-cost litigation with serious business, and even personal, consequences. The average cost of a...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
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
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
California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow companies to communicate with customers without employing live website customer service...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
A mother lacked standing to file a Telephone Consumer Protection Act (TCPA) suit on behalf of her minor son, a California federal court recently held, granting the defendants’ motion to dismiss....more
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
A Michigan federal court upheld an arbitration clause found on a lead generation website, granting a defendant’s motion to dismiss a Telephone Consumer Protection Act (TCPA) case....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
6/30/2022
/ Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Capital One ,
CVS ,
Facebook ,
Facebook Inc v Duguid ,
Midland Funding ,
Navient ,
NRA ,
Popular ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
State Farm ,
TCPA ,
Telemarketing ,
Text Messages ,
Wells Fargo
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
Washington -
A new quasi-mini Telephone Consumer Protection Act (TCPA) bill has passed in Washington state and will go into effect on June 9, 2022. The new law is more limited than the Florida version but there are a few...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
A California federal court refused to certify a putative Telephone Consumer Protection Act (TCPA) class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member’s phone number...more
Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more
4/22/2022
/ Coronavirus/COVID-19 ,
Failure To State A Claim ,
FCC ,
Health Care Providers ,
Healthcare ,
Infectious Diseases ,
Prior Express Consent ,
Public Health Emergency ,
State of Emergency ,
Statutory Interpretation ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Text Messages ,
Vaccinations
Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission (FCC) issued another three cease and desist letters to voice service providers.
AireSpring, Hello Hello Miami and thinQ...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) and the Department of Justice (DOJ) reached a settlement with MyLife.com, Inc., an online seller of consumer background reports, which bans MyLife from engaging in deceptive negative option...more
2/18/2022
/ Antitrust Violations ,
Background Checks ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Marketing ,
Misleading Impressions ,
Online Platforms ,
Payment Cancellation ,
ROSCA ,
Settlement Agreements ,
Statutory Violations ,
Subscription Services ,
Telemarketing ,
Telemarketing Sales Rule ,
Terms of Service ,
Unfair or Deceptive Trade Practices ,
Websites
As the use of automatic renewal subscriptions continues to increase, four states have recently contributed to the regulatory landscape. Below is what marketers need to know about the changes in California, Colorado, Delaware...more
It’s official: The Federal Communications Commission’s (FCC) reassigned number database (RND), which will hopefully minimize claims brought under the Telephone Consumer Protection Act (TCPA), is up and running after several...more
On November 8, New York Governor Kathy Hochul signed two bills: SB 6267/AB 268, which requires telecommunications providers to block certain numbers, and SB 4281/AB 585a, mandating that voice services providers implement the...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
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
12/1/2021
/ ATDS ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Judgment on the Pleadings ,
Motion to Dismiss ,
Prior Express Consent ,
Random or Sequential Number Generator ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telemarketing ,
Text Messages
Continuing the fallout from the now over-one-year-old decision in Barr v. American Association of Political Consultants, Inc., the U.S. Court of Appeals, Sixth Circuit ruled that the U.S. Constitution displaced the...more
10/27/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA