News & Analysis as of

Do Not Call List Telephone Consumer Protection Act Summary Judgment

Burr & Forman

The Seventh Circuit Affirms Summary Judgment on TCPA Claim, Holding Communications Were Not Telephone Solicitations

Burr & Forman on

Hulce v. Zipongo, Inc., No. 24-1623, 2025 WL 829603 (7th Cir. March 17, 2025) - Defendant, a for-profit company that provides nutritional consultation to individuals, contracted with a healthcare plan to provide its...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...

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Faegre Drinker Biddle & Reath LLP

Internal DNC Policies Not Prerequisite to Using EBR Defense, Ohio Southern District Holds

Earlier this month, the U.S. District Court for the Southern District of Ohio clarified that a TCPA defendant need not maintain an internal do-not-call list and policies in order to invoke the “established business...more

Holland & Knight LLP

Western District of Washington Ruling Breathes Life into TCPA Safe Harbor Provision

Holland & Knight LLP on

In a decision highlighting the importance of maintaining procedures for complying with the do-not-call (DNC) provisions of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Western District of...more

Jones Day

Federal Court Applies Charitable Organization Exemption in Telephone Consumer Protection Act Case

Jones Day on

The Situation: A federal court recently weighed in on some of the considerations involved in applying the Telephone Consumer Protection Act's ("TCPA") exemption for charities and the third-party services that conduct...more

Benesch

Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

Benesch on

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more

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