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
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
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
Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act (TCPA) lawsuit, although it sent the issue of whether the plaintiff effectively revoked...more
On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more
On June 25, 2020, the Federal Communications Commission (FCC) granted the P2P Alliance’s 2018 petition, squarely holding that “if a calling platform is not capable of originating a call or sending a text without a person...more
Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more
3/5/2020
/ Auto-Dialed Calls ,
Debt Collection ,
Debt Collectors ,
FCC ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Prior Express Consent ,
Revocation ,
Risk Mitigation ,
Robocalling ,
TCPA ,
Telemarketing ,
Vendor Contacts
Editor’s Note: The average cost of a Telephone Consumer Protection Act (TCPA) settlement is estimated at $6.6 million—and healthcare is among the top three industries being targeted for TCPA litigation. Though its sponsors in...more
A Washington federal court has ruled that text messages inviting recipients to watch a livestream of a candidate’s speech and visit his website did not constitute “telephone solicitations” under the Telephone Consumer...more
Applying a seven-factor test, a Washington federal court found that the defendant didn’t “make” or “initiate” text messages for purposes of Telephone Consumer Protection Act (TCPA) liability....more
The uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) remains as courts continue to issue differing opinions on the issue. Nearly two years after the D.C. Circuit’s landmark...more
The recent trend of confusion and uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) continues in full force as courts remain split on the issue. Nearly two years after the D.C....more
Continuing the run of multimillion-dollar settlements in Telephone Consumer Protection Act (TCPA) class actions, a Florida federal court granted preliminary approval for a $26 million deal over text messages.
...more
Over a year after the ACA International (ACA) decision from the D.C. Circuit that changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more
A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case...more
6/28/2019
/ Auto-Dialed Calls ,
Citibank ,
Class Action ,
Class Certification ,
Class Members ,
Debt Collection ,
Popular ,
Predominance Requirement ,
Prior Express Consent ,
Putative Class Actions ,
TCPA
One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic...more
Subway avoided liability under the Telephone Consumer Protection Act (TCPA) when an Illinois federal court dismissed the sandwich chain from the action, based on texts from T-Mobile offering its customers a free Subway...more
Months after the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015...more
Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California...more
A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit....more
Demonstrating a costly lesson in personal liability for corporate executives, an Illinois federal court found a corporate officer to be on the hook for millions of dollars of damages pursuant to the Telephone Consumer...more
Where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed, according to an Ohio federal court....more
In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone...more
Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed...more
As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of...more