In December 2023, the Federal Communications Commission (“FCC”) adopted new rules in an effort to close the “lead generator loophole” it believed existed with respect to consumer consent to receive telemarketing calls and...more
Statutory schemes that create per-violation damage minimums can lead to devastating consequences when assessed in the aggregate. Where evidence of actual damages is lacking, judgments may be disproportionate to the harm and...more
In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more
Yesterday, the U.S. Supreme Court heard oral argument in Facebook v. Duguid—a significant case potentially limiting the reach of the Telephone Consumer Protection Act (“TCPA”). Facebook will resolve a circuit split over what...more
Settlements and verdicts of millions of dollars (often more) are frequent under the Telephone Consumer Protection Act (“TCPA”). Statutory damages of $500 - $1500 per violation can quickly add up to significant liability. One...more
The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more
10/1/2019
/ Article III ,
Class Action ,
Injury-in-Fact ,
Interlocutory Appeals ,
Invasion of Privacy ,
Nuisance ,
Standing ,
TCPA ,
Telecommunications ,
Text Messages ,
Tort
In relevant part, the Telephone Consumer Protection Act (“TCPA) prohibits a caller from making any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an...more
The United States District Court for the Eastern District of Louisiana recently dismissed TCPA (Telephone Consumer Protection Act) claims filed in a putative class action against the non-profit American Heart Association,...more