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Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

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The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eyes on Appeals: Fourth Circuit May Weigh In on E-SIGN Act; Stay...

Mintz - Technology, Communications & Media... on

Fourth Circuit Potentially Weighing In on E-SIGN Act - As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more

McDermott Will & Emery

Ninth Circuit Rejects TCPA Plaintiffs’ Argument that Text Messages Count As "Voices"

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On August 8, 2023, the United States Court of Appeals for the Ninth Circuit issued a published opinion holding that conventional text messages do not amount to “artificial or prerecorded voice” calls under the Telephone...more

Sheppard Mullin Richter & Hampton LLP

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

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Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more

Womble Bond Dickinson

Sixth Circuit Affirms TCPA Summary Judgment Based on Lack of Random or Sequential Number Generation

Womble Bond Dickinson on

In Gary v. Trueblue, Inc., 346 F.Supp.3d 1040 (E.D. Mich. Oct. 11, 2018), the court granted the Defendant’s motion for summary judgment on the basis that Plaintiff failed to establish the Defendant’s dialing system had the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Opens Door for More Expansive Meaning of ATDS in TCPA Cases

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In the recent case of Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) the Ninth Circuit broadly interpreted the TCPA’s definition of automatic telephone dialing system (often referred to as ATDS) to include...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

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Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

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In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more

Goodwin

Third Circuit Affirms Summary Judgment Where ATDS Evidence Falls Short

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On June 26, 2018, the Third Circuit affirmed summary judgment in favor of defendant Yahoo, Inc. in a putative Telephone Consumer Protection Act (TCPA) class action, Dominguez v. Yahoo, Inc., because plaintiff had failed to...more

Dorsey & Whitney LLP

3rd Circuit Grants Summary Judgment in Favor of Yahoo! in Reassigned Phone Number Class Action

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In a much anticipated opinion and big defense victory, the 3rd Circuit granted summary judgment this week in favor of Defendant Yahoo in a reassigned number class action case involving thousands of text messages to...more

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

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The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Bradley Arant Boult Cummings LLP

Text Messaging Program Not an Autodialer Under the TCPA

Bradley Arant Boult Cummings LLP on

The United States District Court for the Northern District of California recently held in the putative class action Glauser v. GroupMe, Inc. that GroupMe’s text messaging program was not an autodialer under the Telephone...more

McDermott Will & Emery

Seventh Circuit Upholds Dismissal of Text Messaging Price-Fixing Claims

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On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing...more

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