PODCAST: Williams Mullen's Trending Now: An IP Podcast - TCPA Compliance and Litigation Update
Dialing In: The TCPA and Auto Finance — Moving the Metal: The Auto Finance Podcast
Introducing the Consumer Financial Services Year in Review Series: A Look at What’s to Come — The Consumer Finance Podcast
TCPA Trends: 2024 Year-in-Review and 2025 Predictions — The Consumer Finance Podcast
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Inside the TCPA, Episode 9: Robocall Mitigation Plans
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more
Are district courts bound by both interpretive and final rules issued by the Federal Communications Commission? The U.S. Supreme Court‘s decision to hear the case of McLaughlin Chiropractic Associates Inc. v. McKesson...more
The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an...more
Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more
Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more
On January 21, the Supreme Court heard oral arguments in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. As discussed here, the primary issue is whether the Hobbs Act, which limits judicial...more
Fourth Circuit Potentially Weighing In on E-SIGN Act - As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more
The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more
What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more
Nearly three years after its decision in Johnson v. NPAS Solutions LLC, the Eleventh Circuit Court of Appeals remains the only circuit in the nation to categorically bar class representatives from receiving incentive awards....more
More than two years ago, the Eleventh Circuit Court of Appeals ruled in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020) that incentive payments for lead plaintiffs in class-action lawsuits are improper. After...more
Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more
Last week, the Eleventh Circuit declined, 7–4, to reconsider en banc a divided panel’s September 2020 decision barring incentive awards to class representatives for their work in class actions. As such, the Eleventh Circuit...more
Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more
The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more
An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more
At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982),...more
In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more
In a decision certain to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, today the U.S. Supreme Court concluded narrowly that to qualify as an “automatic telephone dialing system”,...more
Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more
In recent months, the cannabis industry has been battered by proposed Telephone Consumer Protection Act (“TCPA”) class action suits and the message to this industry couldn’t be clearer: cannabis companies, big or small, that...more