On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more
A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more
A plaintiff who alleged the receipt of a single ringless voicemail (“RVM”) suffered a concrete injury for purposes of Article III standing, the Sixth Circuit Court of Appeals has ruled....more
The 6th Circuit Court of Appeals reversed a lower court decision and found that a single ringless voicemail (RVM) was enough to violate the TCPA. The district court determined that the plaintiff only received one RVM and...more
On June 1, the Sixth Circuit Court of Appeals issued a ruling in Dickson v. Direct Energy, LP, holding that the plaintiff’s claims that he received a single ringless voicemail (RVM) for commercial purposes satisfy the demands...more
The U.S. Court of Appeals for the Sixth Circuit recently held that receiving one ringless voicemail (RVM) was enough to confer standing upon a plaintiff under the TCPA. In that case, plaintiff asserted he received several...more
A California federal court refused to certify a putative Telephone Consumer Protection Act (TCPA) class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member’s phone number...more
The Federal Communications Commission (FCC) is considering opening another front in robocalling enforcement by declaring “ringless voicemails” subject to consumer consent and other requirements under the Telephone Consumer...more
Last year, the Eleventh Circuit held in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019) that a plaintiff did not have Article III standing to sue for a violation of the TCPA based on receipt of a single text message. The...more
Dealers and automotive sales finance companies must proceed with caution when considering using ringless voicemail services to reach leads and current customers. The few courts that have considered the application of the...more