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Statutory Interpretation Auto-Dialed Calls

Troutman Pepper

California Federal Court Dismisses TCPA Complaint Finding Recruitment Messages Are Not Solicitations

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In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

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The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Troutman Pepper

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

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In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more

Troutman Pepper

FCC Rules AI-Generated Voices Fall Under TCPA Restrictions

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Yesterday, the Federal Communications Commission (FCC) issued a unanimous ruling that the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voices” apply to AI technology that...more

Burr & Forman

Ninth Circuit Holds Text Messages Are Not Prerecorded Calls

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Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Hinshaw & Culbertson - Consumer Crossroads

Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition

A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted...more

Proskauer - Advertising Law

Supreme Court “Unfriends” Ninth Circuit Decision Applying TCPA to Facebook

In a unanimous decision, the Supreme Court today held that Facebook’s “login notification” text messages (sent to users when an attempt is made to access their Facebook account from an unknown device or browser) did not...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument in the TCPA "Autodialer" Case

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On December 8, 2020, the U.S. Supreme Court heard oral arguments in Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the "autodialer" definition adopted by the Telephone Consumer Protection Act...more

Goodwin

Supreme Court Debates Grammar, Syntax In Case That Will Define the Limits of TCPA Litigation

Goodwin on

On December 8, 2020, the United States Supreme Court held oral argument in the case of Facebook, Inc. v. Duguid, No. 19-511, concerning the circuit split over what type of equipment qualifies as an “automatic telephone...more

Womble Bond Dickinson

Supreme Court Hears Oral Argument on TCPA’s ATDS Definition

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On December 7, 2020 the Supreme Court heard oral argument in Facebook v. Duguid to address the circuit split over the interpretation of the statutory definition of automatic telephone dialing system (ATDS) under the TCPA. The...more

Baker Donelson

The Supreme Court Answers a Call for Clarity Under the TCPA

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The 1991 Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, seems straightforward enough. Prerecorded calls to residences are prohibited, as are calls made using an "automatic telephone dialing system" to cell phones,...more

Troutman Pepper

Kansas TCPA Ruling May Determine ATDS Cases in 10th Circuit

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Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) in Hampton v. Barclays Bank Del. The Court concluded the...more

Womble Bond Dickinson

Facebook and the United States Submit Briefs in Facebook, Inc. v. Duguid

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The Supreme Court’s decision to grant certiorari in Facebook, Inc. v. Duguid has been in the forefront of the TCPA world since July when news of the decision hit. With this granting of certiorari comes the promise to resolve...more

Kelley Drye & Warren LLP

TCPA Tracker - September 2020

Recent News - FCC to Move Forward on STIR/SHAKEN at September 30 Meeting - On September 9, 2020 the FCC released a draft Second Report and Order for consideration ahead of their open meeting scheduled for September 30,...more

Proskauer - Minding Your Business

Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA

The Sixth Circuit has joined the Second and Ninth Circuits in their broad interpretation of the Telephone Consumer Protection Act’s (TCPA) autodialer provision. In doing so, it has tipped the scale in a circuit split that is...more

Ballard Spahr LLP

Sixth Circuit widens circuit split over TCPA autodialer definition

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In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”)...more

Womble Bond Dickinson

FCC Addresses TCPA ATDS Definition in Win for P2P Texting Platforms

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The FCC’s proceedings regarding the definition of the term “automatic telephone dialing system” have been pending since May of 2018 when, shortly after the D.C. Circuit’s opinion in ACA International v. FCC, the Commission...more

Womble Bond Dickinson

Court Rejects Theory in TCPA Case That SQL Server’s Supposed Capacity to Generate Numbers Makes Dialing System an ATDS

Womble Bond Dickinson on

In the face of mounting rulings from intermediate and lower courts requiring an ATDS to have the capacity to randomly or sequentially generate numbers (and thereby ruling out virtually all modern day list-based dialing...more

Womble Bond Dickinson

TCPA Developments on Definition of ATDS Continue Full Steam in Midst of Global Pandemic

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COVID-19 has closed courts and delayed hearings and trials across the country, but developments concerning the definition of an automatic telephone dialing system have continued unabated. Over the past few months, courts have...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Decision Widens Circuit Split in TCPA Landscape

- In a departure from the majority view, the 2nd Circuit has held that a texting platform need not have the capacity for random or sequential number generation in order to constitute an an automatic telephone dialing system...more

Ballard Spahr LLP

Second Circuit adopts broad TCPA autodialer definition

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A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit, in Duran v. La Boom Disco, Inc., handed a win to the plaintiffs’ bar by holding that the Telephone Consumer Protection Act’s (TCPA) statutory...more

Manatt, Phelps & Phillips, LLP

Manatt’s Continuing Coverage on Significant Post-ACA International Developments - February 2020

The circuit split fueling uncertainty over the proper definition of an automatic telephone dialing system (ATDS) deepened this week as the U.S. Court of Appeals, Seventh Circuit, weighed in on the issue. The Seventh Circuit’s...more

Hinshaw & Culbertson LLP

Circuit Split Created as Eleventh and Seventh Circuits Narrowly Interpret Definition of Auto-Dialer Under the TCPA

We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more

Womble Bond Dickinson

First Lower Court in Eleventh Circuit Follows Glasser in Granting Summary Judgment in TCPA Case

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The Eleventh Circuit in Glasser v. Hilton Grand Vacations Co., LLC recently confirmed that the definition of Automatic Telephone Dialing System (ATDS) is narrow, holding that to qualify a dialer must both have the capacity to...more

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