News & Analysis as of

Robocalling Prior Express Consent Class Action

Klein Moynihan Turco LLP

Huge Healthcare Provider Settles Robocall Lawsuit for $2.5 Million

Earlier this year, United HealthCare Services, Inc. (“Defendant”) agreed to settle a class action robocall lawsuit for $2.5 million. In Samson v. United Healthcare Services, Inc, filed in the United States District Court for...more

Klein Moynihan Turco LLP

Trucking Marketing Communications are Subject to Various Regulations!

Klein Moynihan Turco LLP on

On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more

Eversheds Sutherland (US) LLP

FCC Rules on Revocation and 1:1 Consent to come into effect in early 2025

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

Troutman Pepper Locke

Ninth Circuit Remand of $925M TCPA Class Award Offers Possible Ceiling on Damages

Troutman Pepper Locke on

Allowable statutory damages under the Telephone Consumer Protection Act (TCPA) have a floor of $500 and, generally speaking, determining total damages is a simple math calculation. In the class action scenario, however, this...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act

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

Benesch

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

Kilpatrick

TCPA Class Actions – District Court Declares TCPA Robocalling Restriction Unconstitutional From 2015 to 2020

Kilpatrick on

Takeaway: Most commentators (including this one) interpreted the U.S. Supreme Court’s fractured plurality opinion in Barr v. Am. Ass’n of Political Consultants, Inc, 140 S. Ct. 2335, 2343 (2020) (“AAPC”), as invalidating the...more

King & Spalding

Circuit Split Emerges on TCPA Definition of “Auto-dialer”

King & Spalding on

On January 27, 2020, the Eleventh Circuit affirmed the Middle District of Florida’s order granting summary judgment in favor of defendant Hilton Grand Vacations Company, LLC (“Hilton”), and reversed the Northern District of...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Faegre Drinker Biddle & Reath LLP

TCPA Class Allegations Stricken Due to “Unique Defenses Peculiar to Plaintiff’s Case”

The Northern District of Illinois recently clarified that a “revocation class” that defines a putative class as those having made “a request to stop calling [their] number” does not satisfy Rule 23(b)(3)’s predominance...more

Bradley Arant Boult Cummings LLP

“Sorry, Wrong Number”: Northern District of California Denies Certification in TCPA Class Action

As we have noted before, whether a claimant under the Telephone Consumer Protection Act (TCPA) gave “prior express consent” to receiving communications from the defendant is frequently a critical issue (and often the only...more

Cozen O'Connor

Jury Verdict In TCPA Case Puts Over $925 Million In Damages On The Table

Cozen O'Connor on

On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it...more

Womble Bond Dickinson

Happy Halloween TCPAland!: More Ghoulish TCPA Statistics to Freak You Out

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Happy Halloween TCPAland! As has been our tradition we pause this All Hallows Eve to provide some TCPA ghost stories. (And yes, I carved that TCPA pumpkin.)...more

Womble Bond Dickinson

Marks Makes its Mark: First District Court TCPA Decision Relying On Marks Upholds Threadbare ATDS Pleadings

Womble Bond Dickinson on

Well that didn’t take long. Yesterday the court in Keifer v. Hosopo Corp., Case No. 3:18-cv-1353, 2018 U.S. Dist. Lexis 183468 (S.D. Cal. Oct. 25, 2018) issued the first ATDS decision in the country relying on Marks. Not...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

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

Womble Bond Dickinson

Boof!: Pro-Kavanaugh “Robo-Texts” Trigger Potentially Massive TCPA Class Action against Faith and Freedom Coalition, Inc. in...

Womble Bond Dickinson on

We here at TCPAland stay politically agnostic as a matter of course, but this new lawsuit against the Faith and Freedom Coalition, Inc. tickles us just so. Apparently the Faith and Freedom Coalition (“FFC”)–allegedly some...more

Womble Bond Dickinson

Is FinTech the Next TCPA Frontier?: New High-Powered Class Action against Fiserv, Inc. May Be Harbinger of Things to Come

Womble Bond Dickinson on

A new federal class action complaint against Fiserv, Inc. was filed yesterday in the Eastern District of Wisconsin alleging violations of the Telephone Consumer Protection Act (“TCPA”). Fiserv–a leading provider of technology...more

Womble Bond Dickinson

Another Strike Out? Tampa Bay Rays “Hit” With TCPA Class Action Over Text Campaign

Womble Bond Dickinson on

Not only did the Tampa Bay Rays start this season with the worst record in the majors (1-8), they are also striking out in TCPAland. Yesterday, a class action was filed against the baseball team in the Middle District of...more

Morrison & Foerster LLP

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the...more

Sheppard Mullin Richter & Hampton LLP

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

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

Proskauer - Minding Your Business

A Shot in the Arm: Second Circuit Holds Flu Shot Text Messages Didn’t Violate TCPA

Earlier this month, the Second Circuit ruled that Mount Sinai Health System did not violate the Telephone Consumer Protection Act (TCPA) when it sent automated flu shot text message reminders to patients. The three-judge...more

Eversheds Sutherland (US) LLP

Dialing-In: TCPA Hot Issues for 2018

Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more

Hogan Lovells

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

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A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and...more

Sheppard Mullin Richter & Hampton LLP

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

Robinson+Cole Data Privacy + Security Insider

A&B Insurance Settles TCPA Class Action for $4.25 Million

Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior...more

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