On April 15, 2024, the Department of Justice rolled out its most recent installment in a series of policies and programs aimed at furthering the Biden administration’s self-disclosure initiative, officially launching a pilot...more
On March 7, 2024, Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice (DOJ) is creating a program that will offer financial rewards to whistleblowers who bring the DOJ information concerning...more
Recently, the Eleventh Circuit remanded a TCPA suit for the district court to rule on Article III standing, finding that the trial court should have addressed the standing issue because plaintiffs failed to plead the number...more
Courts in the Southern District of California and District of Arizona recently added to the line of decisions addressing ATDS pleading requirements in the wake of the Supreme Court’s landmark ruling in Facebook v. Duguid. ...more
Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more
Recently, the Eastern District of Missouri added to the split among courts deciding whether they can hear TCPA claims alleging robocall violations that occurred when the now-invalidated government debt exception was part of...more
3/17/2021
/ ATDS ,
Auto-Dialed Calls ,
Constitutional Challenges ,
Debt Collection ,
Exceptions ,
First Amendment ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA
As we have reported... a growing number of district courts are issuing opinions addressing whether they have subject matter jurisdiction over TCPA claims alleging robocall violations that occurred when the government debt...more
On December 10, 2020, the United States Supreme Court reversed the Third Circuit Court of Appeals in Carney v. Adams, No. 19-309 (10-December-2020), holding that James Adams, a political independent, did not have Article III...more
In a 30-day period, the U.S. Securities and Exchange Commission (“SEC”) has released guidance in three ways regarding certain views on the important role and potential liability risks of chief compliance officers (“CCOs”)....more
On May 20, 2020, the CFTC’s Division of Enforcement formally issued new guidance regarding the Division’s decisions to recommend the imposition of civil monetary penalties. According to the CFTC, “[t]he guidance memorializes...more
The Southern District of Florida recently dismissed a TCPA putative class action for lack of standing, finding that the plaintiff could not show he suffered a concrete injury-in-fact. Reinforcing Eleventh Circuit precedent,...more
Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more
Recently, the Department of Justice indicted three precious metals traders in the Northern District of Illinois, charging each them with violating the Racketeer Influenced and Corrupt Organization Act (“RICO”), committing...more