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
Vacating a class certification order, the U.S. Court of Appeals, Eleventh Circuit, held that unnamed members of the putative class who did not ask the defendant to stop calling them were not injured by the defendant’s failure...more
The record-breaking $61 million verdict against Dish Network will stand after the Supreme Court denied the company’s writ of certiorari in December 2019....more
A California court tossed a Telephone Consumer Protection Act (TCPA) action seeking to hold the defendant liable for calls made by a lead generator.
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Deepening a circuit split, the Eleventh Circuit has weighed in on the hotly debated issue of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) and has notably...more
Businesses in New York will face a tougher law with steeper penalties for telemarketing activities as of March 1, 2020.
In late 2019, Governor Andrew M. Cuomo signed into law the Nuisance Call Act, which mandates that...more
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
By an overwhelming vote of 429 to 3, the House of Representatives passed the Stopping Bad Robocalls Act, sending the bill to the Senate for consideration....more
A Telephone Consumer Protection Act (TCPA) defendant was able to overcome the plaintiff’s attempt to certify a nationwide class by demonstrating the need for individualized analysis in a decision from an Illinois federal...more
In response to the Federal Communications Commission’s (FCC) adoption of a new rule requiring carriers to block robocalls—and accompanying request for comment—stakeholders urged the agency to be flexible in its adoption of...more
After a year marked with confusion surrounding the definition of what constitutes an automatic telephone dialing system (ATDS), courts remain split. While the flood of Telephone Consumer Protection Act (TCPA) litigation...more
Doubling down on its recent decision in Duguid v. Facebook, the U.S. Court of Appeals for the Ninth Circuit reiterated in an unpublished memorandum that the exception for government debt to the Telephone Consumer Protection...more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
Well over a year has passed since the ACA International (ACA) 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...more
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
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
In case you missed it as you wrapped up the end of the year, on December 12, 2018, the Federal Communications Commission “[took] another important action to curb the tide of unwanted telephone calls by addressing calls to...more
As we have previously reported, 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...more
As we have previously reported, 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...more
As we have previously reported, the recent 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...more
As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision...more
As we have previously reported, the recent 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...more