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Robocalling Text Messages Appeals

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — March 2025

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover two...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Hulce – The TCPA’S “Free” Pass

With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Eyes on Appeals: Fourth Circuit May Weigh In on E-SIGN Act; Stay...

Fourth Circuit Potentially Weighing In on E-SIGN Act - As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

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

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

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Adopts Narrow Definition of Autodialer Under The TCPA

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

Sheppard Mullin Richter & Hampton LLP

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Opens Door for More Expansive Meaning of ATDS in TCPA Cases

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

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

Ballard Spahr LLP

Ninth Circuit Accepts Broad Definition of ATDS

Ballard Spahr LLP on

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

McDermott Will & Emery

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

McDermott Will & Emery on

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

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Ballard Spahr LLP

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

Bradley Arant Boult Cummings LLP

Text Messaging Program Not an Autodialer Under the TCPA

The United States District Court for the Northern District of California recently held in the putative class action Glauser v. GroupMe, Inc. that GroupMe’s text messaging program was not an autodialer under the Telephone...more

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