In a case analyzing whether invitations to town hall meetings regarding COVID-19 were exempted from liability by the TCPA’s emergency purposes exception, the Tenth Circuit declined to address whether a municipality is a...more
At a Glance -
- HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations.
- HB 761 also stated that it should be applied retroactively to...more
Yesterday, Florida’s Governor signed HB 761, which makes significant changes to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059)....more
The Florida Senate passed HB 761 late yesterday by a 29-10 vote, less than a week after the bill sailed through the Florida House by a 99-14 vote. As we previously reported, passage of this bill paves the way for significant...more
The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more
5/3/2023
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
Florida ,
Private Right of Action ,
Robocalling ,
State and Local Government ,
TCPA ,
Telemarketing ,
Unsolicited Phone Calls
The Florida Legislature is moving quickly to pass significant remedial amendments to the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) before the end of the legislative session this Friday. Should the...more
5/2/2023
/ ATDS ,
Auto-Dialed Calls ,
Automation Systems ,
Florida ,
New Legislation ,
Proposed Amendments ,
Proposed Legislation ,
Robocalling ,
Solicitation ,
State and Local Government ,
State Legislatures ,
TCPA ,
Text Messages
A court in the Northern District of California recently granted a defense motion for summary judgment, finding that the defendants were not vicariously liable for a subcontractor’s supposed TCPA violations because the record...more
Several state legislatures are currently considering bills that would enact or expand an automatic renewal law (ARL). ARLs regulate the form and content of automatic renewal provisions, as well as the procedures for...more
A district court from the Central District of California cast its lot against the growing argument that federal courts lack jurisdiction over TCPA claims based on conduct that occurred when the government debt exception was...more
Last week, the District of Nevada contributed to a growing consensus among Ninth Circuit district courts that TCPA liability generally does not extend to companies that produce equipment used to place unlawful calls—such as...more
12/16/2020
/ Auto-Dialed Calls ,
Consumer Litigation ,
Contacts List ,
Customers ,
Dismissals ,
Lack of Jurisdiction ,
Robocalling ,
State and Local Government ,
TCPA ,
Telemarketing ,
Text Messages ,
Vicarious Liability
Consumers have come to expect — indeed, to welcome — automatically renewing contracts. That is true now more than ever, as the regular replenishment of certain household goods has gone from being a matter of convenience to a...more