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
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
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
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
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
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
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
10/22/2021
/ ATDS ,
Auto-Dialed Calls ,
Debt Collection ,
Facebook Inc v Duguid ,
Popular ,
Right to Privacy ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages
The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act (TCPA), an issue being litigated in the wake of the Barr v. American Association of Political Consultants (AAPC)...more
On Thursday, July 9, 2020, the Supreme Court granted the petition for certiorari in Facebook, Inc v. Duguid, regarding the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act...more
7/13/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Popular ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
The U.S. Supreme Court has agreed to weigh in on the constitutionality of the exception to the Telephone Consumer Protection Act (TCPA) for government-backed debt, namely whether that exception violates the First Amendment...more
3/16/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Petition for Writ of Certiorari ,
SCOTUS ,
Severability Doctrine ,
Solicitor General ,
Strict Scrutiny Standard ,
TCPA
In U.S. Supreme Court news, the justices heard oral argument in a Telephone Consumer Protection Act case with broad implications and denied certiorari in an appeal of the Federal Trade Commission’s (FTC) stance that the use...more
A recent decision from the U.S. Supreme Court continues to work in favor of Telephone Consumer Protection Act (TCPA) defendants, with an Illinois federal court judge striking the plaintiff’s class definition with regard to...more
In big Telephone Consumer Protection Act (TCPA) news, the U.S. Supreme Court granted certiorari in a junk fax case brought under the statute....more
The Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California continues to pay dividends for Telephone Consumer Protection Act (TCPA) defendants, as another Illinois federal court agreed that the...more
A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous...more
6/21/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Data Breach Lawsuits Continue to Fill the Courts -
Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more
8/29/2017
/ Barnes and Noble ,
Data Breach ,
Equal Employment Opportunity Commission (EEOC) ,
Grocery Stores ,
Jurisdiction ,
Landfills ,
NAD ,
Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
TCPA ,
Telemarketing ,
Text Messages ,
Title VII ,
Waste Management
Supreme Court Refuses to Hear Interchange Settlement Appeal -
The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in...more
6/1/2017
/ CA Supreme Court ,
Data Breach ,
Day of Rest Laws ,
False Advertising ,
Lanham Act ,
Nordstrom Inc. ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Settlement Agreements ,
TCPA ,
Unsolicited Phone Calls ,
Wage and Hour
As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more
5/25/2016
/ Article III ,
Class Action ,
Class Certification ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FRCP 23 ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
TCPA ,
Text Messages
BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases -
The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more
5/18/2016
/ Article III ,
Class Action ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Rules of Civil Procedure ,
Injury-in-Fact ,
Mootness ,
Personal Liability ,
Rule 68 ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Summary Judgment ,
TCPA
In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co....more