Unsolicited advertisements sent by fax to online fax services are not covered by the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has ruled....more
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 New York federal court has adopted the multifactor test favored by the U.S. Court of Appeals for the Sixth and Eleventh Circuits to determine whether a defendant is the “sender” of a fax for purposes of Telephone Consumer...more
A fax sent by the defendant was “merely informational” and not an unsolicited advertisement, a Pennsylvania federal court has ruled.
The Robert W. Mauthe, M.D., medical practice filed a putative Telephone Consumer...more
Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s...more
Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of...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
In August 2018, the U.S. Court of Appeals, Seventh Circuit dismissed a Telephone Consumer Protection Act (TCPA) action after finding that the defendant was not the “sender” of the fax at issue. That case was Helping Hand...more
Where the defendant in a Telephone Consumer Protection Act (TCPA) case told a judge in the U.S. District Court, Eastern District of Pennsylvania that consent to receive faxed ads was provided orally, individual issues will...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
A federal district judge in the Northern District of Illinois (NDIL) decertified the class in a Telephone Consumer Protection Act (TCPA) case against Cirque du Soleil, relying on the recent Supreme Court decision in China...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
In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class...more
The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class...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
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
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
In a recent ruling, the Fourth Circuit has followed its sister circuits in holding that district courts must follow the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act...more
A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute....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
Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received...more
A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA...more
Finding that too many questions remained about individual consent, an Illinois federal court judge denied certification of a class that allegedly received fax advertisements....more
A seven-year-old case involving allegedly illegal faxes may finally be coming to an end after a federal court judge granted preliminary approval to a $7 million deal....more
Lacking List of Recipients, Sixth Circuit Denies Class Certification -
Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more
8/28/2017
/ Advertising ,
Class Action ,
Class Certification ,
Faxes ,
FCC ,
Marketing ,
Notice of Inquiry ,
Robocalling ,
TCPA ,
Text Messages ,
Unsolicited Faxes