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Estate Planning During Divorce (Part 2)
On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more
CASES OF NOTE - FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking - The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA,...more
Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not. But this is the theory advanced by serial pro se litigant Na’eem Betz in Betz v. Synchrony Bank, currently pending in...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
A recent case out of the Seventh Circuit Court of Appeals reaffirmed its prior decision in Gadelhak v. AT&T Services that only a system with “the capacity to generate random or sequential numbers” qualifies as an ATDS. In...more
The Eastern District of California recently entered summary judgment against a plaintiff because it found that the plaintiff failed to revoke his consent to receive auto-dialed calls on his cell phone. Wright v. USAA Savings...more
Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more
On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more
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
The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more
The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more
The Middle District of Florida has denied a motion for class certification, finding the proposed class definition would have created a fail-safe class, the class members were not ascertainable, and the plaintiff’s claims were...more
The Southern District of Florida recently granted a defendant’s motion for summary judgment on certain aspects of a plaintiff’s TCPA claim because plaintiff could not establish that defendant used an ATDS to call her cell...more
As all of us TCPA enthusiasts know, a cornerstone issue in many TCPA cases is whether plaintiff has provided consent to be contacted and whether that consent can be revoked. According to the Second Circuit’s decision in Reyes...more
In relevant part, the Telephone Consumer Protection Act (“TCPA) prohibits a caller from making any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an...more
In a recently published decision, a federal court granted student loan processor Navient’s motion for summary judgment, concluding that a statutory exception that makes calls solely to collect a debt owed to or guaranteed by...more
We recently reported that the Federal Communications Commission (“FCC”) had published a draft order establishing a reassigned number database. The database would provide a central source for callers to determine whether the...more
In a long-awaited and highly publicized opinion in March of 2018, the Court of Appeals for the D.C. Circuit decided the case of ACA International v. FCC, which addressed the FCC's 2015 Declaratory Ruling and Order...more
As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more