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Telephone and Texting Compliance News: Litigation Update — Contract Language Brings Telemarketing TCPA Allegations to a Halt

One of the most difficult questions to answer in the context of the Telephone Consumer Protection Act is whether a call or text message qualifies as telemarketing and requires heightened consent. In the last month, the US...more

District Court Denies Class Cert in TCPA Suit on Ascertainability Grounds

In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more

Telephone and Texting Compliance News — July 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more

Telephone and Texting Compliance News: Litigation Update — TCPA Defense Post-Chevron: Insights from Cacho v. McCarthy & Kelly LLC

Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses. In this article, we focus on a recent decision from...more

Telephone and Texting Compliance News — June 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a...more

Telephone and Texting Compliance News: Litigation Update — Fourth Circuit Adds to TCPA Case Law at Appellate and District Court...

The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Telephone and Texting Compliance News: Litigation Update — Courts Continue to Scrutinize Pleadings in TCPA Cases

A couple of recent district court decisions confirm that courts across the country continue to scrutinize and will dismiss complaints that contain conclusory and/or contradictory allegations without facts to support...more

Telephone and Texting Compliance News: Litigation Update — Career Counseling v. AmeriFactors – Another Defense Win in the Fax...

In the latest nail in the TCPA fax case certification coffin, the Fourth Circuit affirmed a denial of class certification in Career Counseling, Inc. v. AmeriFactors Fin. Grp., LLC, Nos. 22-1119 and 22-1136, 2024 US App. LEXIS...more

Telephone and Texting Compliance News — January 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s newsletter, we discuss the FCC’s...more

Telephone and Texting Compliance News: Litigation Update — Two Courts Agree With Defendant’s Challenges to Imprecise TCPA Class...

Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Telephone and Texting Compliance News: Litigation Update — Amerifactors Alive and Well in the Ninth Circuit; Trim v. Reward Zone’s...

Despite changes in technology, fax-based TCPA class actions and related jurisprudence continue to march on. And just last month, the US Court of Appeals for the Ninth Circuit issued a gem of a decision (albeit unpublished)...more

TCPA Litigation Update — No Knowledge, No Problem

While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful...more

TCPA Class Action Update – Trending: Courts Holding Plaintiffs to Their Word

In mid-2017, the Second Circuit concluded consent to receive calls is unilaterally irrevocable so long as it is a contract term. Whereas prior decisions considered “a narrow question: whether the [Telephone Consumer...more

Monthly TCPA Digest - August 2018

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This issue provides insurance information for companies facing...more

Monthly TCPA Digest - July 2018

Part I – TCPA: Regulatory Update - FCC Evaluates Comments Received in Several TCPA Proceedings - The Federal Communications Commission (“FCC” or “Commission”) is busy evaluating scores of comments and reply comments it...more

Monthly TCPA Digest - June 2018

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA)....more

Monthly TCPA Digest - April 2018

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a recent Illinois federal court ruling...more

Monthly TCPA Digest - March 2018

Greetings from our TCPA & Consumer Calling team at Mintz Levin. In this issue of our newsletter, we cover recent TCPA regulatory, litigation, and judicial developments. Our Regulatory Update features a discussion on the...more

Monthly TCPA Digest - February 2018

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...more

Monthly TCPA Digest - January 2018

This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so. Rulings from U.S. District Courts in New Jersey and...more

1/24/2018  /  Kohls , Opt-Outs , TCPA , Text Messages

Monthly TCPA Digest - November 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines four recent rulings from Seventh...more

12/4/2017  /  FCC , FHFA , NPRM , Robocalling , TCPA , Unsolicited Faxes

Monthly TCPA Digest - October 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a ruling from the US Court of Appeals...more

Monthly TCPA Digest - September 2017

Ready for good news about TCPA litigation? In this edition of our Monthly TCPA Digest — providing insights on Telephone Consumer Protection Act (TCPA) cases and regulations — we point to a glimmer of hope for businesses....more

10/12/2017  /  ATDS , Auto-Dialed Calls , FCC , Robocalling , TCPA
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