News & Analysis as of

Telephone Consumer Protection Act

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Eversheds Sutherland (US) LLP

You can’t unring a bell – More courts reject revocation of consent under the TCPA

Whether and in what form a consumer has given consent to be contacted via an automatic telephone dialing system (ATDS) may be a crucial aspect of determining liability under the Telephone Consumer Protection Act (TCPA)....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...

by 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

Morrison & Foerster LLP - Class Dismissed

U.S. Supreme Court to Review Deference to the FCC in TCPA Cases

Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act? That is the question the United States Supreme Court will consider...more

Manatt, Phelps & Phillips, LLP

Manatt’s Continuing Coverage on Significant Post-ACA International Developments - November 2018

As we have previously reported, the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s...more

Baker Donelson

TCPA Litigation in the Post-ACA World: How Federal Courts Are Shaping the Issues

by Baker Donelson on

In a long-awaited and highly publicized opinion in March of 2018, the Court of Appeals for the D.C. Circuit decided the case of ACA International v. FCC, which addressed the FCC's 2015 Declaratory Ruling and Order...more

Burr & Forman

District Court of Minnesota Finds Calls to a Reassigned Number Did Not Violate the TCPA

by Burr & Forman on

In Roark v. Credit One Bank, N.A., No. 16-173 (PAM/ECW), 2018 WL 5921652 (D. Minn. Nov. 13, 2018), the District Court of Minnesota found that calls to a reassigned phone number did not violate the TCPA because the caller’s...more

Dorsey & Whitney LLP

TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

by Dorsey & Whitney LLP on

If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more

Womble Bond Dickinson

You Can’t Be Serious: TCPA Data Transfer to Defense Expert Lands DirectTV in Unshakable Privacy Class Action

by Womble Bond Dickinson on

Data privacy and protection concerns permeate TCPA class actions as consumer lawyers have become increasingly bold about demanding huge sets of private financial records and data from defendants. These demands risk the...more

Manatt, Phelps & Phillips, LLP

Canceling Insurance Policy Doesn’t Revoke Consent

Canceling an insurance policy alone was insufficient to revoke the consent of a married couple to receive calls from their former insurance company, an Indiana federal court recently ruled....more

Manatt, Phelps & Phillips, LLP

Court Denies Class Certification Over Questions of Consent

An Illinois federal court judge denied class certification in a Telephone Consumer Protection Act (TCPA) lawsuit against Citigroup after the defendant successfully argued that individual issues would predominate....more

Womble Bond Dickinson

Any Way You Slice It: Court Holds LiveVox HCI is Not an ATDS Under Even the Broadest Reading of the Term

by Womble Bond Dickinson on

Even under Marks, a manually-dialed call remains excluded from the TCPA, at least according to a new decision out yesterday. The District Court in Hatuey v. Ic Sys., No. 1:16-cv-12542-DPW, 2018 U.S. Dist. LEXIS 193713 (D....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term “Advertisement”

On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more

Ballard Spahr LLP

SCOTUS Decision in Unsolicited Fax Case Could Have Broader TCPA Implications

by Ballard Spahr LLP on

The U.S. Supreme Court's grant this week of the petition for certiorari in a case involving the Telephone Communication Protection Act (TCPA) prohibition on unsolicited fax advertisements could have significant implications...more

Womble Bond Dickinson

Controlled Chaos?: FCC Withdraws Overruled Portion of Solicited Fax Rule One Day After Supreme Court Accepts Review of Different...

by Womble Bond Dickinson on

The TCPA jockeying continues at the FCC. As we reported on Tuesday, the U.S. Supreme Court has just granted cert to determine whether or not the FCC’s definition of “unsolicited advertisement” in its 2006 Junk Fax Ruling...more

Manatt, Phelps & Phillips, LLP

New York Court Lets TCPA Claim Continue After Death

The Telephone Consumer Protection Act (TCPA) continues to haunt defendants even after the death of a named plaintiff, with a New York federal court holding that a claim under the statute survives because the TCPA is remedial...more

Manatt, Phelps & Phillips, LLP

Uber Steers TCPA Class Action Into Arbitration

Uber drove a Telephone Consumer Protection Act (TCPA) class action out of the courthouse, successfully convincing an Illinois federal court judge that the ride-hailing app’s terms included a “clear and conspicuous” statement...more

Womble Bond Dickinson

Reversal of Fortune: Court Reconsiders and Reverses Earlier Ruling Finding That Contractual Consent Cannot Be Revoked

by Womble Bond Dickinson on

As of yesterday, the “Good Reyes” contractual consent decision in Tina Few v. Receivables Performance Management out of the Northern District of Alabama has officially been reconsidered and reversed. Cue the sad trombone. As...more

Womble Bond Dickinson

Two First-in-the-Nation Holdings by Lower Court: Minnesota District Court Declines to Follow Marks and Finds That Caller Had the...

by Womble Bond Dickinson on

Hold on to your britches everyone. A court in the District of Minnesota just issued a summary judgment ruling with two first-in-the-nation holdings. The first, that the Third Circuit’s holding in Dominguez and the Second...more

Dorsey & Whitney LLP

#MarketingLaw – Update from the 2018 ANA/BAA Marketing Law Conference

by Dorsey & Whitney LLP on

The TMCA is back from the 2018 ANA/BAA Marketing Law Conference, Upping Your Game: Pragmatic Business and Compliance Strategies. While in Chicago, we had the privilege of obtaining a comprehensive review of this year in...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

Burr & Forman

Minnesota District Court Holds Predictive Dialer Not ATDS Under TCPA And Defendant Not Liable For Prerecorded Messages To...

by Burr & Forman on

Plaintiff filed suit alleging Defendant violated the TCPA by calling his recently assigned cell phone number 140 times to collect debt from another, including leaving 4 prerecorded messages. ...more

McGuireWoods LLP

Supreme Court to Consider Chevron Deference in TCPA Case

by McGuireWoods LLP on

On November 13, 2018, the Supreme Court agreed to review the Fourth Circuit’s decision in Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 883 F.3d 459, 462 (4th Cir. 2018), addressing whether the Hobbs Act requires...more

Womble Bond Dickinson

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires...

by Womble Bond Dickinson on

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal...more

Womble Bond Dickinson

BREAKING: Supreme Court Grants Petition of Certiorari in TCPA Class Action to Determine Binding Effect of FCC Rulings

by Womble Bond Dickinson on

BIG TCPA NEWS! The the Supreme Court granted a Petition for Certiorari in a junk fax TCPA class action to answer the following question...more

Goodwin

Ninth Circuit’s Mandate on ATDS Definition Stayed Pending Petition for Writ of Certiorari

by Goodwin on

On November 7, 2018, in the closely-followed case Marks v. Crunch San Diego, LLC, No. 14-56834 (9th Cir.), the Ninth Circuit granted a stay of its ruling on the Telephone Consumer Protection Act’s (TCPA) definition of an...more

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