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
A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements....more
A lead generator must indemnify a Telephone Consumer Protection Act (TCPA) codefendant after an Illinois federal court granted summary judgment in favor of the codefendant....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
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Telemarketing ,
Text Messages
The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed...more
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Minor Children ,
Robocalling ,
Standing ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became...more
Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more
8/25/2023
/ Artificial Intelligence ,
ATDS ,
Auto-Dialed Calls ,
Biometric Information Privacy Act ,
CIPA ,
Consent ,
Corporate Counsel ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Popular ,
Privacy Laws ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
TRACED Act
The state telemarketing law amendment trend continues. On June 26, 2023, Connecticut Governor Ned Lamont signed S.B. 1058 into law. Connecticut General Assembly, Substitute for Raised S.B. No. 1058. This bill makes important...more
8/25/2023
/ Auto-Dialed Calls ,
Cell Phones ,
Connecticut ,
FCC ,
New Legislation ,
Regulatory Reform ,
Robocalling ,
TCPA ,
Telecommunications ,
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
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
6/8/2023
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Reassigned Phone Numbers ,
Robocalling ,
SCOTUS ,
TCPA ,
Telecommunications ,
Text Messages
The Eleventh U.S. Circuit Court of Appeals has agreed to an en banc review of a notable decision issued last July with respect to Article III standing for purposes of a Telephone Consumer Protection Act (TCPA) lawsuit. The...more
A Telephone Consumer Protection Act (TCPA) defendant’s do not call (DNC) policy was not enough to avoid potential TCPA liability, an Illinois federal court recently held....more
Text messages sent to generate real estate sales leads did not qualify as telephone solicitations under the Telephone Consumer Protection Act’s (TCPA) regulations, according to a Texas federal court decision....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
Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an...more
4/4/2023
/ Amended Legislation ,
Arbitration Agreements ,
Auto-Renewal ,
Automatic Renewals ,
Best Practices ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Continuing Legal Education ,
Contract Renewal ,
Contract Terms ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Government Investigations ,
New Legislation ,
Notice Requirements ,
Pending Legislation ,
Proposed Rules ,
Risk Mitigation ,
ROSCA ,
Settlement ,
Webinars
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
3/2/2023
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages
Though its sponsors in 1991 intended it for small claims court, the Telephone Consumer Protection Act (TCPA) has turned into high-cost litigation with serious business, and even personal, consequences. The average cost of a...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
12/22/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
Certifying two classes in a Telephone Consumer Protection Act (TCPA) class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to...more
A Telephone Consumer Protection Act (TCPA) defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held....more
The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act (OTSA) taking effect as of November 1....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
11/1/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
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
9/27/2022
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages