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Auto-Dialed Calls ATDS Telecommunications

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more

Troutman Pepper Locke

National Consumers League and Small Business Owners Move to Intervene in FCC “One-to-One Rule” Case

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On February 19, the National Consumers League (NCL) and four small business owners filed a motion to intervene in support of the Federal Communications Commission (FCC) and the United States in the case of Insurance Marketing...more

Kelley Drye & Warren LLP

TCPA Tracker for October - November 2024

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Supreme Court Agrees to Hear TCPA Case - On October 4, 2024, the United States Supreme Court granted certiorari and agreed to hear arguments in McLaughlin Chiropractic Associates, Inc. v. Mckesson Corp. In doing so, the...more

Sheppard Mullin Richter & Hampton LLP

ALERT: FCC Sets December 31, 2024 Deadline for Providers to Address Robocall Mitigation Database Deficiencies

On December 10, 2024, the FCC’s Enforcement Bureau (“Bureau”) released an order (“Order”) determining that nearly 2,500 providers across the calling chain had submitted deficient submissions to the Commission’s Robocall...more

Klein Moynihan Turco LLP

Prerecorded Voice Claims Must be Factually Supported

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On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis...more

Troutman Pepper Locke

New Mexico Federal Court Denies Summary Judgment on Majority of Claims Brought Under the TCPA Over Telemarketing Calls

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Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact...more

Troutman Pepper Locke

New Year, New One-To-One TCPA Consent Requirements for Telemarketers

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Last December 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 Report and Order. The new...more

Troutman Pepper Locke

Effective Date Announced for New TCPA Rules on Consent Revocation

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As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were...more

Orrick, Herrington & Sutcliffe LLP

FCC warns gateway provider not to transmit “illegal” robocalls

On October 18, the FCC issued a public notice to all US-based voice service providers regarding a cease and desist letter that it had sent to a “gateway” telecommunications provider instructing it to halt transmission of...more

Kelley Drye & Warren LLP

TCPA Tracker for August - September 2024

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California Court Dismisses TCPA Claim Because Job Recruitment Offers Do Not Qualify as Solicitations Under the TCPA - The District Court for the Central District of California dismissed Plaintiff Dustin Anderson’s TCPA...more

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY rules on TCPA case

On September 19, U.S. SDNY issued a TCPA consent-related decision granting a vehicle dealer’s motion for summary judgment in part and denying it in part. The plaintiffs alleged the vehicle dealer violated the automatic...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit rejects a proposed TCPA class action settlement

On May 13, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a proposed TCPA class action settlement agreement. The class, consolidated from three class actions, accused the defendant, the “world’s...more

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

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In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Troutman Pepper Locke

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

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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

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

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On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

Kelley Drye & Warren LLP

Maryland’s New Telemarketing Law Now in Effect

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

Venable LLP

FCC Continues TCPA Rule Modifications and Anti-Robocalls/Robotext Campaign in 2024

Venable LLP on

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

BCLP

Not to be a Grinch, but...is Your Business TCPA Compliant? (With Apologies to Dr. Seuss)

BCLP on

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

Goodwin

FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent

Goodwin on

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

Kelley Drye & Warren LLP

TCPA Tracker - July 2023

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

Burr & Forman

Ninth Circuit Holds Text Messages Are Not Prerecorded Calls

Burr & Forman on

Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more

Burr & Forman

Pennsylvania District Court Holds Sequential Calls From a List Does not Violate the TCPA

Burr & Forman on

Perrong v. Montgomery County Democratic Committee, et al., No. 22-cv-4475 (E.D. Pa. July 18, 2023)... Plaintiff sued Defendants, claiming that they violated the Telephone Consumer Protection Act’s prohibition of making...more

Vedder Price

TCPA Turnstile: Scoping out the TCPA – 2023 Midyear Update (TCPA Case Update Vol. 18)

Vedder Price on

Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the cases from this year are...more

Kelley Drye & Warren LLP

TCPA Tracker - May 2023

CASES OF NOTE - FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking - The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA,...more

Troutman Pepper Locke

New York Federal Court Partially Denies MSJ in TCPA Case Finding Possession of Cell Number Does Not Prove Consent

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A federal district court in the Western District of New York recently denied in part a motion for summary judgment in a case alleging violations of the Telephone Consumer Protection Act (TCPA) based on collection calls and...more

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