News & Analysis as of

Telephone Consumer Protection Act Do Not Call List

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Orrick, Herrington & Sutcliffe LLP

District Court finds job recruitment texts are not “solicitations” under the Telephone Consumer Protection Act

Recently, the U.S. District Court for the Central District of California recently dismissed a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) against a mortgage company. The plaintiff, who...more

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Troutman Pepper

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

Troutman Pepper on

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

McCarter & English, LLP

FCC Makes a Call on AI

On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice...more

Womble Bond Dickinson

Navigating Personal Jurisdiction in TCPA Cases: Insights from Ingram v. Money Map Press

Womble Bond Dickinson on

A recent decision issued by the United States District Court for the Northern District of California in Ingram v. Money Map Press, 23-cv-05802-CRB, 2024 U.S. Dist. LEXIS 130905 (N.D. Cal. July 24, 2024) addresses an important...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — July 2024

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 the FCC’s...more

Klein Moynihan Turco LLP

DNC Opt-Out Leaves Junkyard Singing the Blues

On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in...more

Klein Moynihan Turco LLP

Drunk Driving Nonprofit Faces Do Not Call (“DNC”) Compliance Class Action

On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions...more

McGlinchey Stafford

Cellphone Users Are Not Categorically Excluded From Definition of “Residential Subscriber” Under TCPA

McGlinchey Stafford on

On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more

Shipkevich PLLC

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

Shipkevich PLLC on

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

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more

Hinch Newman LLP

Three Things Lead Generators Need to Know About the FCC Single Seller Ruling

Hinch Newman LLP on

As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more

Eversheds Sutherland (US) LLP

Second Circuit adheres to narrow definition of ATDS

On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

Husch Blackwell LLP on

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

Manatt, Phelps & Phillips, LLP

Plaintiff Loses On Traceability For Failing To Request DNC List

A Missouri federal court judge found that a plaintiff did not have standing to bring a claim under the Telephone Consumer Protection Act’s (TCPA) Internal Do Not Call (IDNC) regulations because the plaintiff had not first...more

Klein Moynihan Turco LLP

Insurance Company Hit With Do Not Call Class Action Lawsuit

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Kelley Drye & Warren LLP

TCPA Tracker for March 2024

Cases of Note - Kansas Court Holds that TCPA Does Not Allow Contribution Claims - The United States District Court for the District of Kansas dismissed a defendant’s third-party negligence claim that attempted to seek...more

Klein Moynihan Turco LLP

Carefully Examine Those TCPA Complaints!

Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer...more

Hinch Newman LLP

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

Hinch Newman LLP on

Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

Hudson Cook, LLP

FCC Continues to Roll Out TCPA Changes and Interpretations

Hudson Cook, LLP on

On February 16, 2024, the Federal Communications Commission released a Report and Order establishing significant new standards regulating Telephone Consumer Protection Act consent and revocation of consent. In recent weeks,...more

Klein Moynihan Turco LLP

5 TCPA Compliance Tips

The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses...more

Hinch Newman LLP

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

Hinch Newman LLP on

On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more

Eversheds Sutherland (US) LLP

FCC order codifies rules for revocation under the TCPA

On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more

Hinch Newman LLP

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

Hinch Newman LLP on

In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more

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