News & Analysis as of

Telemarketing

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

Financial Litigation Roundup: Key Federal Rulings in 2017

In case you missed it, here is our list of the most significant financial services rulings in 2017 from the Supreme Court of the United States and major federal appellate courts. While there were no decisions of overwhelming...more

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

by Burr & Forman on

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Court Finds Calls Regarding Medicaid Coverage Not Telemarketing

A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone...more

FTC Report: Telemarketers Abuse The Do-Not-Call Rule’s Exemptions

by Fox Rothschild LLP on

Only a few days ago, my colleague Elizabeth Patton posted about the Federal Trade Commission’s release of its annual Data Book outlining the most recent statistical data about uses of the National Do Not Call Registry, a...more

TCPA Case Law Update

by Vedder Price on

Every month or so, we review all Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (“TCPA”), decisions across the country to stay abreast of developments as we defend these cases throughout the United States. In this...more

FTC’s Do Not Call Registry Data Book

by Fox Rothschild LLP on

Following up on my blog post related to the Federal Trade Commission’s (“FTC”) prohibition on illegal sales calls and robocalls, today the FTC issued its National Do Not Call Registry Data Book for Fiscal Year 2017. Now in...more

Where Does Your State Rank? Federal Trade Commission (FTC) Releases its FY 2017 National Do Not Call Registry Data Book

by Balch & Bingham LLP on

Yesterday, the FTC issued its National Do Not Call Registry Data book for Fiscal Year 2017 (October 1, 2016 to September 30, 2017). The National Do Not Call Registry Data Book contains statistical data about phone numbers...more

Joint and Several Liability for Payment Processor That Facilitated Fraud

by Morrison & Foerster LLP on

On December 13, the Eleventh Circuit Court of Appeals affirmed the decision of the U.S. District Court for the Middle District of Florida finding a credit card payment processor jointly and severally liable, under a theory of...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

AD-ttorneys@law

by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Chris Mattei Announces Campaign for Connecticut Attorney General- Democrat Chris Mattei announced his candidacy for Connecticut AG in 2018, switching statewide races and forgoing a previously...more

A TCPA Slam Dunk in the Ninth Circuit?

by LeClairRyan on

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and...more

Court Finds Text Message Offering Link to Dinner “Specials” Was Not Telemarketing Because the Customer Already Had a Dinner...

by Dorsey & Whitney LLP on

When it comes to telemarketing, context is everything. Imagine sitting at home and receiving a text message from a restaurant inviting you to view their nightly dinner specials....more

Consent Questionable in Online Lead Form, Court Rules

A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear....more

Dish Network’s TCPA Nightmare Continues

A $61 million judgment in a Telephone Consumer Protection Act (TCPA) class action will stand after a federal court judge denied the defendant’s motion to reduce or set aside the trebled damages award....more

FCC Permits Limited Blocking to Curb Unlawful Robocalls; Challenge Process, Effectiveness Teed Up for Further Evaluation

by Kelley Drye & Warren LLP on

At the November Open Meeting of the Federal Communications Commission (“Commission” or “FCC”), Commissioners approved a Report and Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”) that targets a...more

Judge Bencivengo Refuses to Change Her Stripes - District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of...

by Dorsey & Whitney LLP on

She may be the only judge in the country still actively dismissing TCPA claims for lack of Article III standing following Spokeo, but Judge Cathy Ann Bencivengo demonstrated on Thursday that she is not going to change her...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

by Womble Bond Dickinson on

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

Florida Federal Court Affirms FTC’s Available Remedies

Disgorgement and refunds are remedies available to the Federal Trade Commission, a Florida federal court ruled in a case involving a purported time-share scam....more

FTC’s Prohibition On Illegal Sales Calls And Robocalls

by Fox Rothschild LLP on

The Federal Trade Commission (“FTC”) operates a single National Do Not Call Registry at donotcall.gov for both personal land lines and cell phones. Although the FTC notes that the Federal Communications Commission (“FCC”)...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Cutting the Cord: Can Courts Trim TCPA Statutory Damages?

Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more

TCPA Connect - September 2017

A Winner for the Defense - Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v....more

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