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Fax Offering Free Webinar Found Sufficient to be “Unsolicited Advertisement” for Motion to Dismiss

The Fourth Circuit Court of Appeals, in a split decision, gave further insight into what “unsolicited advertisement” means under the TCPA....more

7/1/2024  /  Advertising , Faxes , TCPA , Unsolicited Faxes

4th Circuit: Offering a Free Gift Could Be an Unsolicited Advertisement

The 4th Circuit held that offering a free eBook could violate the TCPA’s prohibition on “unsolicited advertisements.” PDR Network publishes the Physicians’ Desk Reference, which is “a compilation of medical prescribing...more

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Even if They Don’t Answer, It is Still a Solicitation

In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint’s, motion to dismiss finding that even unanswered calls could constitute “telephone solicitations” under the TCPA....more

6th Circuit Holds One Ringless Voicemail Sufficient to Violate TCPA

The 6th Circuit Court of Appeals reversed a lower court decision and found that a single ringless voicemail (RVM) was enough to violate the TCPA. The district court determined that the plaintiff only received one RVM and...more

TCPA Violations Lead to $40 Million Settlement for Real Estate Company

On April 19, a Florida court preliminarily approved a $40 million class-action settlement by a privately held major real estate company over claims that it violated the Telephone Consumer Protection Act (TCPA). The complaint...more

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