News & Analysis as of

Telephone Consumer Protection Act Motion for Summary Judgment

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Burr & Forman

Ohio District Court Grants Summary Judgment in TCPA Case, Holding Statements Claiming Calls Were on Defendant's Behalf Were...

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Schwartz v. Bamz Enterprises, LLC, No. 1:23-cv-608, 2025 WL 1371433 (S.D. Ohio May 12, 2025) - Plaintiff filed suit, claiming Defendant violated the Telephone Consumer Protection Act (“TCPA”) when he received multiple...more

Hinch Newman LLP

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

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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

Womble Bond Dickinson

Fourth Circuit Agrees that Navient’s Records Established TCPA Plaintiff Had Not Revoked Consent

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It is well established that TCPA plaintiffs have a right to revoke their consent and are often given a fair amount of latitude in exercising their revocation rights. And, not surprisingly, courts are often reluctant to grant...more

Womble Bond Dickinson

A Pair of Federal Courts Find No Vicarious Liability Under the TCPA

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Companies that rely on third parties to market products could face legal exposure under the Telephone Consumer Protection Act (TCPA) when those third-party agents call, text or fax consumers without the requisite consent....more

King & Spalding

Eleventh Circuit Confirms that Class Counsel Owes the Same Duties to Class Members as Named Plaintiffs

King & Spalding on

On December 1, 2020, the Eleventh Circuit issued an opinion reaffirming that class counsel does not owe a heightened fiduciary duty to a class representative as compared to the duty owed to absent class members. In...more

Mintz

TCPA Litigation Update — No Knowledge, No Problem

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While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful...more

Womble Bond Dickinson

Attorney’s “Gotcha” Strategy Rejected in TCPA Revocation Case

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The TCPA allows consumers to revoke consent “through any reasonable means.” A recent case out of the Eastern District of California provides new guidance on what is not considered reasonable. In Wright v. USAA Sav. Bank,...more

Faegre Drinker Biddle & Reath LLP

Southern District of Florida Court Holds that TCPA Plaintiff is Not the “Called-Party” Due to Call Forwarding

A court in the Southern District of Florida recently held that the plaintiff in a TCPA suit was not the “called party” under the statute because he received the calls in question only because his cousin rerouted them to the...more

Faegre Drinker Biddle & Reath LLP

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express...

The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more

Faegre Drinker Biddle & Reath LLP

Court Holds That Text-Messaging System Must Be Able to Randomly or Sequentially Generate Numbers to Qualify as an ATDS

The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more

Womble Bond Dickinson

Another Defendant Falls Victim to Marks' Broad Definition of an ATDS

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The Marks decision gets stronger by the day. In a recent case out of the District Court for the Eastern District of California, a judge applied the Marks definition of an ATDS and granted the plaintiff’s motion for summary...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

Womble Bond Dickinson

TCPA Disaster: Court Finds Manual Call May Still Violate the TCPA If It Occurred On Equipment That Has the Capacity to Dial...

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As the battle over the definition of an ATDS continues throughout the nation, a District Court in Virginia just entered the fight with a dagger. In Morgan v. On Deck Capital, Case No. 3:17-CV-00045, 2019 U.S. Dist. LEXIS...more

Faegre Drinker Biddle & Reath LLP

Court Grants Plaintiff’s Motion for Summary Judgment on Vicarious Liability Issues

The Western District of Oklahoma recently granted a plaintiff’s motion for summary judgment against NorthStar Alarm Services, LLC (“NorthStar”) in a certified class action. The court held, in part, that NorthStar was...more

Kilpatrick

TCPA: district court strikes class allegations due to individualized issues of consent and revocation

Kilpatrick on

Takeaway: More class actions are filed under the Telephone Consumer Protection Act (TCPA) than any other statute, and TCPA claims often present common issues capable of class certification. But courts will not certify a...more

Womble Bond Dickinson

Wisconsin Fed. Court Holds Platform Provider May Be Liable Under TCPA When Controlling Calls Made By Clients

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If you own a business that provides autodialing platform services, can you be held liable under the TCPA when your clients use your platform’s services to place unlawful calls? Recently, a lower court within the Seventh...more

Womble Bond Dickinson

Seventh Circuit Finds That Autodialing Platform Providers Can Be Held Liable Under The TCPA When Controlling Calls Made By Clients

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If you own a business that provides autodialing platform services, can you be held liable under the TCPA when your clients use your platform’s services to place unlawful calls? Recently, a lower court within the Seventh...more

Womble Bond Dickinson

Bais Yaakov Strikes Again: Nonprofit May Be Fax "Sender" Despite Not Sending Fax

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As we’ve recently highlighted, the FCC is currently seeking industry comment on how it should interpret the term “sender” for purposes of imposing liability for faxes sent in violation of the TCPA. Until the agency releases...more

Womble Bond Dickinson

Coming Up Short: Court Denies Summary Judgment on ATDS use in TCPA Class Action Due to Evidentiary Shortcomings

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A magistrate judge in the Southern District of Florida has recommended that the Defendant’s motion for summary judgment based upon ATDS use be denied. Fortunately, this isn’t a Marks effect case. In fact, the legal definition...more

Womble Bond Dickinson

Southern District of California Enters the Ring in the Fight Over Post-ACA Int’l ATDS Definition

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As promised, we are continuing to keep a close eye on the certified TCPA class action case out of the Southern District of California, O’Shea v. American Solar Solution, Inc. And as expected, the inconsistent decisions on the...more

Womble Bond Dickinson

A $450MM Question of Fact: Court Denies Summary Judgment to Plaintiff in Certified TCPA Class Action – The Jury Must Determine...

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Yesterday, in O’Shea v. American Solar Solution, Inc., the United States District Court for the Southern District of California handed Defendant American Solar Solution its place in the sun— denying a Plaintiff’s motion for...more

Burr & Forman

Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

Burr & Forman on

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a...more

Carlton Fields

Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class

Carlton Fields on

The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying...more

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