The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more
3/30/2022
/ Coronavirus/COVID-19 ,
Emergency Rule ,
FCC ,
Florida ,
Health Care Providers ,
Healthcare Facilities ,
Liability ,
Motion to Dismiss ,
State and Local Government ,
TCPA ,
Text Messages
The Eastern District of Missouri recently granted a plaintiff’s motion for summary judgment against three defendants in a TCPA fax case. Levine Hat Co. v. Innate Intelligence, LLC, No. 16-cv-01132, 2021 WL 1889869 (E.D. Mo....more
In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...more
In a decision released on April 7, the Second Circuit joined the Ninth Circuit in adopting an expansive interpretation of what qualifies as an Automatic Telephone Dialing System (ATDS), finding that online texting platforms...more
The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more
7/24/2019
/ Class Action ,
Class Certification ,
Decertify ,
FCC ,
Jury Verdicts ,
Post Trial Motions ,
Prior Express Consent ,
Retroactive Waiver ,
Statutory Damages ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Treble Damages ,
Unsolicited Phone Calls ,
Written Consent