Montana Allows Donor Standing for Endowment Violations -
On April 17, 2025, Montana’s governor signed Senate Bill 134 — the Safeguarding Endowment Gifts Act — which took effect immediately and amends Montana’s version of...more
A Texas federal court recently granted summary judgment for the defendant in a TCPA putative class action, finding that prerecorded calls to schedule a pest inspection were informational rather than telemarketing. Bradford v....more
On May 22, 2024, the First Circuit denied panel rehearing and rehearing en banc on its decision to uphold summary judgment in favor of Boston University. See Dutra v. Boston University, No. 23-1385, 96 F.4th 15 (1st Cir. Mar....more
In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew...more
Georgia and Kentucky Allow Donor Standing for Endowment Violations -
On April 9, 2024, Kentucky’s governor signed Senate Bill 70, which will take effect on July 15, 2024, and will amend Kentucky’s version of the Uniform...more
Earlier this month, a Missouri state court allowed Webster University to reclassify various donor-restricted endowment funds as unrestricted endowment funds so the funds could be held as collateral to help Webster meet a 75%...more
At a Glance -
- HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations.
- HB 761 also stated that it should be applied retroactively to...more
A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to...more
Kansas Allows Donor Standing Under UPMIFA -
Kansas’ Donor Intent Protection Act took effect this summer on July 1, 2023, amending Kansas’ version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA,...more
Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more
The Eleventh Circuit recently upheld summary judgment in favor of the University of Miami on claims related to the university’s transition to remote, online learning during the onslaught of the COVID-19 pandemic. See Dixon v....more
Although the federal government implemented some new regulations on autonomous vehicles (AVs) in 2023, states remain the predominant source of new regulations affecting AVs. In fact, 25 states and the District of Columbia...more
In a per curiam unpublished opinion, the Eleventh Circuit recently held that a plaintiff had standing to assert claims under the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) for his receipt of five...more
In a unanimous en banc decision, the Eleventh Circuit recently held that “a single unwanted, illegal telemarketing text message” is sufficient to allege a concrete injury under the TCPA. Drazen v Pinto, No. 21-10199, 2023 WL...more
On July 13, 2023, the New Hampshire Supreme Court (the Supreme Court) unanimously affirmed the denial of a third-party motion to intervene in proceedings brought under the Uniform Prudent Management of Institutional Funds Act...more
Yesterday, Florida’s Governor signed HB 761, which makes significant changes to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059)....more
Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more
Plaintiffs’ attempts to keep FTSA cases venued in Florida state courts are being upended by the Eleventh Circuit’s recent decision to revisit en banc its Article III standing precedent in single-text message cases....more
The Florida Senate passed HB 761 late yesterday by a 29-10 vote, less than a week after the bill sailed through the Florida House by a 99-14 vote. As we previously reported, passage of this bill paves the way for significant...more
The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more
5/3/2023
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
Florida ,
Private Right of Action ,
Robocalling ,
State and Local Government ,
TCPA ,
Telemarketing ,
Unsolicited Phone Calls
The Florida Legislature is moving quickly to pass significant remedial amendments to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) before the end of the legislative session this Friday. Should the...more
5/2/2023
/ ATDS ,
Auto-Dialed Calls ,
Automation Systems ,
Florida ,
New Legislation ,
Proposed Amendments ,
Proposed Legislation ,
Robocalling ,
Solicitation ,
State and Local Government ,
State Legislatures ,
TCPA ,
Text Messages
The Ohio House of Representatives’ Higher Education Committee recently rejected proposed language in Senate Bill 135 that would have amended Ohio’s version of the Uniform Prudent Management of Institutional Funds Act...more
On March 31, 2022, the Colorado Court of Appeals, in a 3–0 decision, held that only the Colorado attorney general or a person with a special interest may sue an institution for mismanagement of fund investments under the...more
On March 31, 2022, in Airbnb, Inc. v. Doe, the Florida Supreme Court aligned itself with nearly every federal circuit1 in holding that a “clickwrap” agreement that incorporates arbitration rules expressly delegating...more
Washington State Governor Inslee recently signed SB 5034 into law. The law completely replaces the current form of the Washington Nonprofit Act, which was adopted in 1967, with more modernized provisions.
The new version...more