News & Analysis as of

Telecommunications Statutory Violations

Manatt, Phelps & Phillips, LLP

FCC Sends Letters to Telecom Companies About AI For Political Calls

Continuing its focus on the use of artificial intelligence (AI) in robocalls, the Federal Communications Commission (FCC) sent letters to nine telecommunications companies asking about the efforts they are taking to prevent...more

Manatt, Phelps & Phillips, LLP

Court Allows Personal Claims Against Government Official for TCPA Violations

A Pennsylvania federal court has ruled that a lawmaker can be held personally liable under the Telephone Consumer Protection Act (TCPA) for prerecorded robocalls that were intended as government communications to...more

Manatt, Phelps & Phillips, LLP

Calls, Texts For Free Services Do Not Fall Under TCPA

Calls and messages encouraging a recipient to sign up for free nutrition counseling services did not constitute telephone solicitations within the meaning of the TCPA, according to a reported decision from a Wisconsin federal...more

Manatt, Phelps & Phillips, LLP

Opt-In Texts Violated the TCPA, Arizona Court Rules

An Arizona federal court determined that opt-in texts could violate the TCPA in a new decision. Although Monica Abboud registered her phone number on the National Do Not Call Registry, she alleged that she received...more

Troutman Pepper

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

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A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

Carlton Fields

11th Circuit: Another GoDaddy TCPA Class Settlement Is a No-Go

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In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more

Troutman Pepper

Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s...

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In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more

Burr & Forman

The Eastern District of New York Holds that Spending a “Sizeable Minority of Time” at Your Mother’s House Does not Make You a...

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Bank v. ICOT Holdings, LLC, 18-cv-02554 (AMD) (PK), 2024 WL 278460 (E.D.N.Y. Jan. 25, 2024) - Pro se Plaintiff, an attorney, filed a class action lawsuit alleging that two calls he answered at his mother’s house...more

Manatt, Phelps & Phillips, LLP

Allegations of Contract and Control Keep TCPA Suit Alive in Pennsylvania Federal Court

The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania...more

Manatt, Phelps & Phillips, LLP

MMS Text Message Didn’t Violate TCPA’s ‘Voice’ Provisions, Says Arizona Federal Court

In the first decision on the issue, an Arizona federal court held that a Multimedia Messaging Service (MMS) text didn’t run afoul of the Telephone Consumer Protection Act (TCPA)....more

Manatt, Phelps & Phillips, LLP

One Business Day After ‘STOP’ Text Not Enough For Suit

A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined....more

Troutman Pepper

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

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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

Manatt, Phelps & Phillips, LLP

FCC Reaches New Heights With $300M Robocall Fine

The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network....more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Inaudible Texts and Bankruptcy Fees

This week, the Ninth Circuit addresses whether text messages can violate the Telephone Consumer Protection Act’s prohibition on “prerecorded voice” messages, and it considers whether debtors who paid statutory fees under an...more

Burr & Forman

Ninth Circuit Holds Text Messages Are Not Prerecorded Calls

Burr & Forman on

Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more

Venable LLP

FCC Proposes $20 Million Forfeiture Against Telecommunications Service Providers for Failing to Protect User Data

Venable LLP on

Last week, the Federal Communication Commission’s (FCC) issued a Notice of Apparent Liability for Forfeiture proposing a $20 million forfeiture, essentially a fine, against two telecommunications service providers for failing...more

Burr & Forman

Pennsylvania District Court Holds Sequential Calls From a List Does not Violate the TCPA

Burr & Forman on

Perrong v. Montgomery County Democratic Committee, et al., No. 22-cv-4475 (E.D. Pa. July 18, 2023)... Plaintiff sued Defendants, claiming that they violated the Telephone Consumer Protection Act’s prohibition of making...more

Burr & Forman

New Jersey District Court Dismisses TCPA Case with Prejudice for Failure to Properly Identify Defendant

Burr & Forman on

Brennan Landy v. Vision Solar, LLC d/b/a Solar Exchange, No. 21-20241 2023 WL 4578993 (D.N.J. July 18, 2023) - In this case, Plaintiff filed a putative class action alleging Defendant violated the Telephone Consumer...more

Shipkevich PLLC

Florida Middle District Court Finds Receiving Pre-Recorded Voice Messages Insufficient Basis for Standing to Bring Class Action...

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On November 2, 2022, the U.S. District Court for the Middle District of Florida held, sua sponte, that a plaintiff did not have standing to bring a class action suit alleging a TCPA violation. The February 9, 2022 complaint...more

Manatt, Phelps & Phillips, LLP

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection...more

Manatt, Phelps & Phillips, LLP

CEO Evades Personal Liability in TCPA Suit

A New Jersey federal court has refused to hold the CEO of companies also named as defendants in a Telephone Consumer Protection Act (TCPA) lawsuit personally liable. ...more

Littler

Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

Littler on

Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial.  In Loyhayem, the court found that...more

King & Spalding

Supreme Court Declines to Resolve Circuit Split on TCPA Standing

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On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more

The Volkov Law Group

Episode 119 -- The Ericsson FCPA Settlement

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The Sweden-based telecommunications company, Ericsson, agreed to a pay a total of $1 billion (yes, billion with a “B”) for FCPA violations. Ericsson entered into settlement agreements with DOJ and the SEC. Ericsson agreed to...more

Faegre Drinker Biddle & Reath LLP

Court Finds That Some Soundboard Calls Can Qualify As “Prerecorded Voice” Calls, At Least When They Do Not “Interact With the...

As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more

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