News & Analysis as of

Telephone Consumer Protection Act Voicemail

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

Troutman Pepper

Arizona Federal District Court Holds MMS’s Are Not Prerecorded Messages Under the TCPA Unless They Play Automatically

Troutman Pepper on

A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more

Faegre Drinker Biddle & Reath LLP

Washington Federal Court Finds Sufficient Allegations of Prerecorded Calls But Dismisses Claims for Treble Damages and Injunctive...

Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more

Troutman Pepper

New Federal District Court Decision Allows Secondary Liability Theory Under TCPA to Proceed

Troutman Pepper on

The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an...more

Troutman Pepper

Ninth Circuit Affirms Dismissal of TCPA Case Involving Text Messages Holding “Prerecorded Voice Messages” Require Audible...

Troutman Pepper on

On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more

McDermott Will & Emery

Special Report - State Mini-TCPA Laws Create Patchwork Quilt of Regulations for Automated Calls and Texts - July 2023

McDermott Will & Emery on

Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Ballard Spahr LLP

Sixth Circuit rules plaintiff’s receipt of one ringless voicemail provides standing for TCPA claim

Ballard Spahr LLP on

A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more

Womble Bond Dickinson

Even if They Don’t Answer, It is Still a Solicitation

Womble Bond Dickinson on

In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint’s, motion to dismiss finding that even unanswered calls could constitute “telephone solicitations” under the TCPA....more

Troutman Pepper

Ohio Federal Court Finds Plaintiff Has Standing in TCPA Case Over Messages Left With Wrong Recipient

Troutman Pepper on

On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant’s motion to dismiss be denied because the plaintiff had standing under the Telephone...more

Manatt, Phelps & Phillips, LLP

Sixth Circuit: Single RVM Sufficient for Standing

A plaintiff who alleged the receipt of a single ringless voicemail (“RVM”) suffered a concrete injury for purposes of Article III standing, the Sixth Circuit Court of Appeals has ruled....more

Womble Bond Dickinson

6th Circuit Holds One Ringless Voicemail Sufficient to Violate TCPA

Womble Bond Dickinson on

The 6th Circuit Court of Appeals reversed a lower court decision and found that a single ringless voicemail (RVM) was enough to violate the TCPA. The district court determined that the plaintiff only received one RVM and...more

Troutman Pepper

Sixth Circuit Holds Receipt of One Ringless Voicemail Causes Article III Harm Under the TCPA

Troutman Pepper on

On June 1, the Sixth Circuit Court of Appeals issued a ruling in Dickson v. Direct Energy, LP, holding that the plaintiff’s claims that he received a single ringless voicemail (RVM) for commercial purposes satisfy the demands...more

Orrick, Herrington & Sutcliffe LLP

6th Circuit: Receiving one RVM is sufficient for standing

The U.S. Court of Appeals for the Sixth Circuit recently held that receiving one ringless voicemail (RVM) was enough to confer standing upon a plaintiff under the TCPA. In that case, plaintiff asserted he received several...more

Womble Bond Dickinson

Projected Amendments Curbing Florida Mini-TCPA

Womble Bond Dickinson on

Florida H.B. 761 which amends the Florida Telephone Solicitation Act (“FTSA” Fla. Stat. § 501.059) has passed both houses and is awaiting Governor Ron DeSantis’ signature. The proposed amendments significantly restrict the...more

McGlinchey Stafford

One Unwanted Voicemail Is Enough to Establish Standing under the FDCPA

McGlinchey Stafford on

In Ward v. NPAS, Inc., 63 F.4th 576 (6th Cir. 2023), Plaintiff Ward did not pay as agreed for medical services, and the medical center sent his unpaid bills to a third-party collector, NPAS, Inc. (NPAS). In trying to collect...more

Manatt, Phelps & Phillips, LLP

FCC: Ringless Voicemails Are ‘Calls’ for TCPA Purposes

Though there has been some debate in the courts on this front, the Federal Communications Commission (FCC or Commission) clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers...more

Goodwin

FCC Confirms “Ringless Voicemails” Are Subject to the TCPA

Goodwin on

On November 21, 2022, the Federal Communications Commission (FCC) released an order concerning “ringless voicemails” and the Telephone Consumer Protection Act (TCPA). In this ruling, the FCC confirmed that the delivery of...more

Eversheds Sutherland (US) LLP

You have one new message: FCC finds ringless voicemails are subject to the TCPA

In a unanimous Declaratory Ruling and Order (Order) issued on November 21, 2022, the Federal Communications Commission (FCC) found that a “ringless voicemail,” which delivers a message directly to a consumer’s voicemail,...more

McGuireWoods LLP

FCC Drops Message That Ringless Voicemails Are Subject to TCPA

McGuireWoods LLP on

On Nov. 21, 2022, the Federal Communications Commission issued a declaratory ruling and order finding that “ringless voicemails” to wireless phones are “calls” made using an artificial or prerecorded voice. Such calls,...more

Bradley Arant Boult Cummings LLP

FCC Declares Ringless Voicemails Are Subject to TCPA’s Robocall Restrictions

In a recently issued ruling, the Federal Communications Commission (FCC) declared that “ringless voicemails” are “calls” subject to the requirements of the Telephone Consumer Protection Act (TCPA). Ringless voicemail...more

Shipkevich PLLC

FCC Rules Ringless Voicemails Fall Under TCPA and Require Consumer Consent

Shipkevich PLLC on

On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more

Ballard Spahr LLP

FCC rules ringless voicemails are subject to TCPA robocall prohibition

Ballard Spahr LLP on

The Federal Communications Commission ruled this month that “ringless voicemail” to wireless phones is a “call” made using an artificial or prerecorded voice and therefore subject to the Telephone Consumer Protection Act...more

Faegre Drinker Biddle & Reath LLP

FCC Releases Declaratory Ruling Addressing the TCPA Compliance Status of Ringless Voicemails

On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (Declaratory Ruling), in which it determined that “ringless voicemail” to wireless phones requires prior consumer...more

Troutman Pepper

FCC Rules Ringless Voicemails Require Consent

Troutman Pepper on

On November 21, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order finding that companies must obtain consent before sending a “ringless voicemail” to a consumer’s phone because it constitutes a...more

Venable LLP

First Florida Telephone Solicitation Act Dismissal Decision Issues, and It Has Virtually Nothing to Do with the Statute

Venable LLP on

There have been scores of Florida Telephone Solicitation Act (FTSA) class actions filed since July 1, 2021, when the statute was amended to provide for a private right of action; the Florida legislature thinks that number may...more

54 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide