News & Analysis as of September 19, 2024

Telephone Consumer Protection Act › Time Warner Cable

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

Real Property, Financial Services, & Title Insurance Update: Week Ending July 27, 2018

Carlton Fields on 8/2/2018

REAL PROPERTY UPDATE - Foreclosure/Statute of Limitations & Res Judicata: trial court erred in finding that bank's foreclosure action was barred by statute of limitations and res judicata - U.S. Bank Nat'l Ass'n, etc. v....more

The Second Circuit Weighs In on ACA International

Manatt, Phelps & Phillips, LLP on 7/10/2018

Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA...more

TCPA's Definition of Autodialer Restricted to Equipment's Current Functions, Second Circuit Holds

Ballard Spahr LLP on 7/6/2018

In a significant opinion issued last week, the U.S. Court of Appeals for the Second Circuit held that the term "capacity," in the Telephone Consumer Protection Act's (TCPA) definition of "automatic telephone dialing system"...more

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

Carlton Fields on 10/7/2015

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

Court Holds Good Faith Belief of Consent is Complete Defense to TCPA Claim

Burr & Forman on 9/24/2015

In Danehy v. Time Warner Cable Enterprise LLC, No. 5:14-cv-133, 2015 WL 5534285 (E.D.N.C. Sep. 18, 2015), the United States District Court for the Eastern District of North Carolina held that a caller’s good-faith belief of...more

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