News & Analysis as of

Robocalling Private Right of Action

Eversheds Sutherland (US) LLP

Mini in name only: state “Mini-TCPAs” carry a big bite and present potential oversized risks

The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more

Faegre Drinker Biddle & Reath LLP

FTSA Does Not Apply to Calls Selling Services to Businesses

The Middle District of Florida partially rejected a plaintiff’s motion for entry of final default judgment in Brown v. Care Front Funding, No. 8:22-cv-02408-VMC-JSS, 2023 U.S. Dist. LEXIS 60879 (M.D. Fla. Apr. 6, 2023),...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

Venable LLP on

Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Manatt, Phelps & Phillips, LLP

Plaintiff’s Cellphone Qualifies as Residential Telephone

U.S. District Court Judge J. Paul Oetken in the Southern District of New York held that a Telephone Consumer Protection Act (TCPA) plaintiff sufficiently alleged facts in order to survive a motion to dismiss on his...more

Venable LLP

Florida Legislature to the Rescue? House Bill Proposed to Fix the Florida Telephone Solicitation Act's Autodialer Provision

Venable LLP on

The Florida legislature gaveth (to the telemarketing plaintiffs’ bar) in July 2021 when it amended the Florida Telephone Solicitation Act (FTSA). That same state legislature might now taketh away and cure some of the class...more

Manatt, Phelps & Phillips, LLP

NC Federal Court Permits Suit Based on FCC Internal DNC Registry Violation

Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more

Perkins Coie

Recent Developments in Telephone Consumer Protection Act Litigation

Perkins Coie on

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

ArentFox Schiff

Unanimous Supreme Court Decision Narrows the Scope of the TCPA

ArentFox Schiff on

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Manatt, Phelps & Phillips, LLP

Amendments to Florida Statutes Impose More Stringent Requirements for Telemarketing Activity

On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws. Specifically, the law amends both the Florida Do Not Call Act and...more

Jones Day

Florida Makes Significant Changes to State Telemarketing Laws

Jones Day on

Florida law now provides a private right of action for violations of various telemarketing rules, allows the use of certain automated telemarketing methods with prior express written consent, and imposes certain restrictions...more

Carlton Fields

CF on Cyber: An Update on the Changes to the Florida Telemarketing Act

Carlton Fields on

On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...more

Eversheds Sutherland (US) LLP

Deference or preference – looking ahead at the impact of the US Supreme Court’s indecision on questions of agency authority

The Telephone Consumer Protection Act (TCPA) is one of the most frequently litigated statutes, spurring individual, and more often, national class action litigation. The pace at which new TCPA suits are filed is not slowing,...more

Womble Bond Dickinson

TCPAland Disaster In the Making!: New Bi-Partisan TRACED Act Hopes to Put the TCPA On Steroids to Stop Robocalls– Here’s Why...

Womble Bond Dickinson on

I make a point to never post on the weekends. But this is a huge deal. And although it is a beautiful autumn afternoon outside, we need to talk TCPAland. Congress just proposed a bill to attack robocalls by leveraging the...more

Womble Bond Dickinson

Changes on the horizon? Here is the REDLINE You’ve Been Waiting for Tracking How the Stopping Bad Robocalls Act Would Change the...

Womble Bond Dickinson on

Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.” The bills are 19 and 18...more

Ballard Spahr LLP

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

Ballard Spahr LLP on

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

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