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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: 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 And just last month, the US Court of Appeals for the Ninth Circuit issued a gem of a decision (albeit unpublished)...more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: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to...

In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...more

TCPA Class Action Update – January 2019

The Carrier with Better Record-Keeping Practices Than the Insured Wins a Significant TCPA Insurance Coverage Dispute - Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its...more

TCPA Class Action Update – December 2018

Spotlight on Consent: Individualized Questions of Consent Preclude Class Certification - Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should...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

Stats plus Security = A winning formula

Notwithstanding the glitz and glamour of multi-millionaire race drivers and champagne, Formula One is all about data. Analytics are fundamental to understanding Formula One races. Teams are fueled by data, and around every...more

Monthly TCPA Digest - June 2017

We are pleased to present our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue covers the latest Commission releases as well as what’s new on Capitol...more

TCPA & Consumer Calling - Monthly TCPA Digest - May 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 features updates on the latest regulatory...more

Monthly TCPA Digest - May 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 features updates on the latest regulatory...more

Monthly TCPA Digest - March 2017

Part I – TCPA: Regulatory - Commission Releases and Actions - The FCC adopted a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) that proposes to make it permissible for voice service providers...more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

Monthly TCPA Digest - January 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 features updates on the latest regulatory...more

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which...more

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