FCC, Article III | JD Supra

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on 7/17/2024

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

This Week At The Ninth: Robocalls and Retaliation

Morrison & Foerster LLP - Left Coast Appeals on 10/24/2022

This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. The Court...more

2022 TCPA Recent Recap — Litigation Updates & Regulatory Round Up

Shipkevich PLLC on 10/17/2022

September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer - Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its...more

NC Federal Court Permits Suit Based on FCC Internal DNC Registry Violation

Manatt, Phelps & Phillips, LLP on 10/27/2021

Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more

S.D. Cal. Court Dismisses Claims, Finding Text Messages at Issue Were Not “Telephone Solicitations”

Faegre Drinker Biddle & Reath LLP on 7/26/2021

The Southern District of California recently granted (in part) a motion to dismiss in Gross v. GG Homes, Inc., 2021 WL 2863623 (S.D. Cal. 2021), because the text messages at issue were not “telephone solicitations” within the...more

Dialing In: TCPA Top 5 Issues for 2021

Eversheds Sutherland (US) LLP on 1/13/2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

Seventh Circuit Disagrees with Ninth Circuit and Joins the Third and Eleventh Circuit in Adopting a Narrow Interpretation of ATDS

Faegre Drinker Biddle & Reath LLP on 2/25/2020

In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more

Dialing In - TCPA top issues to watch in 2020

Eversheds Sutherland (US) LLP on 1/30/2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

No Speaking? No Standing!

Carlton Fields on 12/5/2019

On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more

In Brief: Incidental “Advertisement” Language In a Fax Does Not Create a TCPA Violation

Womble Bond Dickinson on 11/21/2018

While the opinions are sometimes brief, the fun in TCPAland never is. In an extremely short opinion granting the defendant’s motion to dismiss, today the Ninth Circuit, in Supply Pro Sorbents v. Ringcentral, Inc., No....more

ATDS Appellate Watchdog: TCPA Autodialer Cases Pending in the Circuit Courts of Appeals You Can’t Miss Post-Marks

Womble Bond Dickinson on 10/1/2018

This week, Erin Kubota prognosticated how the United States Circuit Courts of Appeals will decide automatic telephone dialer cases (“ATDS”) post the monumental Marks ruling from the Ninth Circuit on September 20, 2018...more

Prognosticating Post Marks: Will Courts in Other Jurisdictions Follow in the 9th Circuit’s Footsteps on the Definition of an ATDS...

Womble Bond Dickinson on 9/27/2018

We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more

Split in New Jersey: Court Finds Predictive Dialers not covered by the TCPA– Contrary to Earlier Rulings by Different Judge In...

Womble Bond Dickinson on 9/26/2018

Welcome to Splitsville. As courts continue to address the definition of automated telephone dialing system (“ATDS”) within the Telephone Consumer Protection Act (“TCPA”) it was only a matter of time before we started...more

Sleeping Giants: Ninth Circuit Panel of Bush Appointees Seemed Unlikely to Deliver Stunning Expansion of TCPA in Marks

Womble Bond Dickinson on 9/25/2018

I’m sure for the many of you, a good amount of your weekend was spent digesting the much anticipated Marks v. Crunch ruling. As we continue to provide our analysis of the impacts of the ruling, we first explore the Marks...more

Consumer Financial Services Spring 2018 Update

Smith Debnam Narron Drake Saintsing & Myers,... on 5/11/2018

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection...more

Monthly TCPA Digest - March 2018

Mintz on 3/26/2018

Greetings from our TCPA & Consumer Calling team at Mintz Levin. In this issue of our newsletter, we cover recent TCPA regulatory, litigation, and judicial developments. Our Regulatory Update features a discussion on the...more

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Sheppard Mullin Richter & Hampton LLP on 3/1/2018

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Dinner Invite Fax Could Be an Ad

Manatt, Phelps & Phillips, LLP on 1/29/2018

A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA...more

AD-ttorneys@law

BakerHostetler on 1/5/2018

A basic tactic of shady internet advertisers relies on blurring the lines between “real” content and advertisements. Enough users are duped in this fashion to make the practice commonplace (and lucrative). Ad producers blend...more

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

BCLP on 8/17/2017

The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

Smith Debnam Narron Drake Saintsing & Myers,... on 2/14/2017

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

Monthly TCPA Digest - August 2016

Mintz on 8/26/2016

In light of the continued compliance and litigation challenges presented by the Telephone Consumer Protection Act (TCPA), Mintz Levin’s TCPA and Consumer Calling Practice team have launched an inaugural newsletter to keep you...more

Who’s Still “Standing” Following Spokeo, Inc. v. Robins?

Kelley Drye & Warren LLP on 6/28/2016

From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III standing...more

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

Manatt, Phelps & Phillips, LLP on 5/25/2016

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more

TCPA Connect - May 2016

Manatt, Phelps & Phillips, LLP on 5/18/2016

BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases - The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more

The United States Federal Communications Commission › Article III

"My best business intelligence, in one easy email…"