As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
12/1/2021
/ ATDS ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Judgment on the Pleadings ,
Motion to Dismiss ,
Prior Express Consent ,
Random or Sequential Number Generator ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telemarketing ,
Text Messages
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
10/22/2021
/ ATDS ,
Auto-Dialed Calls ,
Debt Collection ,
Facebook Inc v Duguid ,
Popular ,
Right to Privacy ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages
Florida’s recently amended telemarketing laws impose tighter restrictions on telephone solicitations and commercial telephone calls than the Telephone Consumer Protection Act (TCPA) and add a similar private right of action....more
The first lawsuits have already been filed pursuant to Florida’s recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability. ...more
Bringing the law into the 21st century, the New York legislature has updated the state’s telemarketing statute to add text messaging.
Joint bills in the Senate and Assembly modified Section 399-z of the General Business...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
9/23/2021
/ Allstate ,
Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Bank of America ,
CVS ,
Facebook Inc v Duguid ,
NRA ,
Robocalling ,
TCPA ,
Telecommunications ,
USAA
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
9/16/2021
/ Allstate ,
Ally Financial Inc ,
ATDS ,
Auto-Dialed Calls ,
Bank of America ,
CVS ,
Facebook Inc v Duguid ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
NRA ,
Popular ,
Random or Sequential Number Generator ,
TCPA ,
Text Messages ,
USAA
As part of Manatt’s continuing monthly coverage of the aftermath of the Facebook v. Duguid decision and how district courts are applying it when determining whether a calling system meets the Supreme Court’s newly clarified...more
Granting dismissal of a Telephone Consumer Protection Act (TCPA) suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls...more
Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue...more
Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act (TCPA) suit, finding that the plaintiff failed to sufficiently allege the...more
On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws. Specifically, the law amends both the Florida Do Not Call Act and...more
Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a Telephone Consumer Protection Act (TCPA) plaintiff’s...more
A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act (TCPA) and yielding...more
The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the Federal...more
Claims involving vegan burgers and crab rolls were brought against national chains Burger King and Benihana in two new consumer class actions.
...more
California Readies for Statewide Extended Producer Responsibility for Pharma Waste -
The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant...more
4/10/2019
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hazardous Substances ,
Lanham Act ,
Medical Examinations ,
Personally Identifiable Information ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Song-Beverly Credit Card Act ,
Waste ,
Waste Disposal
Payday lenders can move forward with their suit against federal regulators challenging the controversial Operation Choke Point, a Washington, D.C., federal court judge has ruled....more
The California Department of Business Oversight (DBO) reached a $1.4 million deal with a mortgage lender after taking action based on alleged overcharges of per diem interest to California borrowers....more
Weighing in on the bank fraud statute, the U.S. Supreme Court sided with the government to hold that the bank had a property interest in the customer's deposits, and the law does not require proof that the bank suffered...more
Issues surrounding network rules made headlines recently, with the Second Circuit Court of Appeals rejecting a $7.25 billion deal between Visa and MasterCard and approximately 12 million merchants claiming the networks worked...more
7/26/2016
/ Antitrust Violations ,
ATMs ,
Certiorari ,
Civil Conspiracy ,
Class Action ,
Credit Cards ,
Damages ,
Debit Cards ,
Federal Rules of Civil Procedure ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Injunctive Relief ,
MasterCard ,
Merchants ,
Price-Fixing ,
Settlement Agreements ,
Visa Inc