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Telephone Consumer Protection Act › Motion for Summary Judgment › Telemarketing

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...

Burr & Forman on

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...

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Mintz

TCPA Litigation Update — No Knowledge, No Problem

Mintz on

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

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

Faegre Drinker Biddle & Reath LLP on

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

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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

Womble Bond Dickinson on

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

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