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
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
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
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
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
A mother lacked standing to file a Telephone Consumer Protection Act (TCPA) suit on behalf of her minor son, a California federal court recently held, granting the defendants’ motion to dismiss....more
The termination of a contract didn’t end the established business relationship (EBR) between a consumer and the provider of a vehicle service agreement, according to a New Jersey district court....more
A Michigan federal court upheld an arbitration clause found on a lead generation website, granting a defendant’s motion to dismiss a Telephone Consumer Protection Act (TCPA) case....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
Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more
4/22/2022
/ Coronavirus/COVID-19 ,
Failure To State A Claim ,
FCC ,
Health Care Providers ,
Healthcare ,
Infectious Diseases ,
Prior Express Consent ,
Public Health Emergency ,
State of Emergency ,
Statutory Interpretation ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Text Messages ,
Vaccinations
Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission (FCC) issued another three cease and desist letters to voice service providers.
AireSpring, Hello Hello Miami and thinQ...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 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
The recent trend of confusion and uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) continues in full force as courts remain split on the issue. Nearly two years after the D.C....more