News & Analysis as of

Goods or Services Telephone Consumer Protection Act

Faegre Drinker Biddle & Reath LLP

Attention to Detail — and the Defense — Prevails in Two Recent Cases

Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more

Womble Bond Dickinson

4th Circuit: Offering a Free Gift Could Be an Unsolicited Advertisement

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The 4th Circuit held that offering a free eBook could violate the TCPA’s prohibition on “unsolicited advertisements.” PDR Network publishes the Physicians’ Desk Reference, which is “a compilation of medical prescribing...more

Troutman Pepper

Seven State AGs Announce Settlement With Robocallers

Troutman Pepper on

On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T....more

Jones Day

"Pretext Theory" as Applied to Unsolicited TCPA Fax Advertisement Claims

Jones Day on

The Situation: The United States Court of Appeals for the Third Circuit recently considered a "pretext" theory as applied to unsolicited fax advertisement claims under the Telephone Consumer Protection Act ("TCPA"). The...more

Vedder Price

A Holiday Wish List for Privacy Litigators

Vedder Price on

As we speed past Thanksgiving and enter the holiday season, kids shouldn’t be the only ones putting together their wish lists. Here are some things that might not fit under a tree, but would certainly fill us with the joy of...more

Womble Bond Dickinson

Don’t Call It a Comeback: The National Do Not Call Registry (“DNCR”) Has Been Here for Years, but DNCR-Based Litigation May Be on...

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Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more

Womble Bond Dickinson

Sending A Helping Hand: Seventh Circuit confirms rejection of strict liability standard for definition of a “sender” of...

Womble Bond Dickinson on

TCPAland truly is a hotbed of statutory interpretation. As we eagerly await the ruling on the FCC’s Public Notice concerning the interpretation and scope of the TCPA in the wake of the ACA Int’l decision, and continue to...more

Womble Bond Dickinson

From Cute to Ugly: Adoption of Kitten Leads to Summary Judgment for TCPA Violation Against Pet Insurance Company

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Sometimes the line between what is and isn’t an “advertisement” within the meaning of the TCPA isn’t quite clear. But as illustrated by today’s ruling in Legg v. Ptz Ins. Agency, No. 14 C 10043, 2018 U.S. Dist. LEXIS 137811,...more

Bradley Arant Boult Cummings LLP

Reality Wins: Sixth Circuit Affirms Companies Must Send Fax to Be “Sender” under TCPA

To be liable for a junk fax Telephone Consumer Protection Act (TCPA) violation, does a company have to actually send a fax? The plain language of the TCPA says yes: “It shall be unlawful for any person… to use any telephone...more

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