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In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more
On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more
A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements....more
What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more
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
The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more
Allowable statutory damages under the Telephone Consumer Protection Act (TCPA) have a floor of $500 and, generally speaking, determining total damages is a simple math calculation. In the class action scenario, however, this...more
Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more
Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more
A prolific plaintiffs' law firm is now facing a class action for alleged violations of the Telephone Consumer Protection Act (TCPA). ...more
The Federal Communications Commission (FCC) is considering opening another front in robocalling enforcement by declaring “ringless voicemails” subject to consumer consent and other requirements under the Telephone Consumer...more
The TCPA has long been a breeding ground for innovative and aggressive plaintiffs and the attorneys who represent them. A recent federal district court decision highlights an important limitation on claims under the...more
The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal...more
The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more
The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more
Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc. did not have to cover the $60.4 million settlement of a class...more
When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability...more
In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more
In a resounding victory for public-private partnerships, the Fourth Circuit’s decision in Cunningham v. Lester, et al., No. 20-1086, — F.3d —- (4th Cir. Mar. 4, 2021) has affirmed federal employees’ immunity from the...more
Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more
In recent months, the cannabis industry has been battered by proposed Telephone Consumer Protection Act (“TCPA”) class action suits and the message to this industry couldn’t be clearer: cannabis companies, big or small, that...more
The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more
The Eleventh Circuit recently affirmed the entry of summary judgment in favor of a student loan servicer and its affiliate, finding that their nearly 2,000 calls did not violate the TCPA because the plaintiff had renewed his...more
The Tenth Circuit kicked off the holiday season with a little TCPA humor. In Rivera v. Exeter Finance Corp., No. 20-1031, 2020 WL 6844032, at *1 (10th Cir. Nov. 23, 2020), the Tenth Circuit Court of Appeals was confronted...more
The Tenth Circuit recently confirmed in a Telephone Consumer Protection Act class action that a plaintiff has to provide more than a list of potential plaintiffs’ names to certify a class....more