Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
The TCPA: Basics, Targeted Industries, and Trends
In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more
Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the...more
In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text...more
On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme...more
Recently, the U.S. Court of Appeals for the Second Circuit ruled that a text message did not violate the Telephone Consumer Protection Act (TCPA) and affirmed the lower court’s order. The appellate court granted the...more
On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more
In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew...more
In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more
Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more
As of January 1, 2024, the State of Maryland’s new telemarketing law, the “Stop the Spam Calls Act of 2023,” officially became law....more
Addressing robocalls and robotexts under authority granted to it by the Telephone Consumer Protection Act (TCPA) continues to be a priority agenda item for the Federal Communications Commission (FCC). Most recently, the...more
The U.S. Supreme Court's 2021 decision in Facebook Inc. v. Duguid resolved a long-standing circuit split over the definition of an automatic telephone dialing system, or ATDS, under the Telephone Consumer Protection Act. ...more
At its December 13, 2023 meeting, the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts...more
On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more
A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more
Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more
In Perrong v. Bradford et al, the plaintiff alleged that the defendant, an elected official, violated the Telephone Consumer Protection Act (TCPA) by calling his residential phone using a prerecorded message and an automatic...more
The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed...more
Artificial Intelligence (AI) is in the spotlight, and there are many eager to adopt such technology. For businesses that have incorporated or are seeking to incorporate AI into their processes, applicable legal restrictions...more
CASES OF NOTE - Ninth Circuit Holds Text Messages are Not “Prerecorded Voices” for TCPA Purposes - In a class action brought by Plaintiff Lucine Trim against Defendant Reward Zone USA, LLC, the Ninth Circuit affirmed...more