Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Inside the TCPA, Episode 9: Robocall Mitigation Plans
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
The Promise of Connectivity: A Conversation with USTelecom President & CEO Jonathan Spalter
Robocall Update: New Call Authentication Order and Obligations, Explained
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
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
In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew...more
What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more
Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more
The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more
Litigation of the Telephone Consumer Protection Act (TCPA) is an active area with frequent developments important to the consumer finance space. Two recent cases are worthy to note. In Loyhayem v. Fraser Fin. & Ins. Servs.,...more
The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more
The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more
The Tenth Circuit kicked off the holiday season with a little TCPA humor. In Rivera v. Exeter Finance Corp., No. 20-1031, 2020 WL 6844032, at *1 (10th Cir. Nov. 23, 2020), the Tenth Circuit Court of Appeals was confronted...more
On December 8, 2020, the United States Supreme Court will hold oral arguments to finally resolve a deepening split of authority in the Circuit Courts of Appeal regarding the definition of an "autodialer" under the Telephone...more
Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C....more
The Seventh Circuit has recently joined the Second, Third, Sixth and Eleventh Circuits in adopting a narrow interpretation of Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (“TCPA”), one...more
Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more
Following the Eleventh Circuit’s opinion a few weeks ago, the Seventh Circuit just held that dialing equipment must be capable of storing or producing telephone numbers using a random or sequential number generator in order...more
On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more
On January 28, 2020, the Eleventh Circuit Court of Appeals dealt a body-blow to serial TCPA scammers and everyone else who has disingenuously argued over the past decade that any type of “automated” dialing equipment is...more
The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991. However, since passage of the Act there has been considerable debate...more
Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more
In the recent case of Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) the Ninth Circuit broadly interpreted the TCPA’s definition of automatic telephone dialing system (often referred to as ATDS) to include...more
Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more
A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. ...more
The U.S. Court of Appeals for the D.C. Circuit has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology...more
The United States Court of Appeals for the District of Columbia Circuit issued its long-awaited decision in ACA International, et al, v. FCC, a case involving multiple petitions for review of the Federal Communications...more
Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more
Overview of the Ruling - On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more