Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...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
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 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
Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...more
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
On May 15, 2024, the 2nd Circuit Court of Appeals dismissed a class action lawsuit against Subway for alleged Telephone Consumer Protection Act (“TCPA”) violations. See Soliman v. Subway Franchisee Advert. Fund Tr., LTD. The...more
Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...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
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
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
What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more
Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more
Nearly two years ago, the Florida legislature amended Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059, resulting in voluminous consumer class action and other litigation after there had previously been next...more
Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated. As I will discuss below, while there are some...more
In April 2021, the US Supreme Court issued its decision in Facebook v. Duguid narrowly construing the Telephone Consumer Protection Act’s (TCPA) “automatic telephone dialing system” definition. In so doing, the Supreme Court...more
Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more
Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more
Were you aware that just over a year ago, effective July 1, 2021, Florida enacted an amendment to its telemarketing laws (Fla. Stat. § 501, et. seq.), with striking similarities to the federal Telephone Consumer Protection...more