News & Analysis as of

Text Messages

STOP: Text Message Lessons from the Outcome Health Settlement

by Baker Donelson on

Outcome Health has agreed to settle a class action lawsuit for $2.9 million for alleged violations of the Telephone Consumer Protection Act (TCPA) arising from the transmission of automated text messages to users who had...more

FYI, Text Messages And IMs Are Discoverable Too

by SmithAmundsen LLC on

Back in November we reported on a federal judge ordering several members of management to turn over messages from their personal email accounts and counseled employers to be proactive in managing employees’ use of personal...more

Outcome Health Settles TCPA Class Action Suit

Ever notice the flatscreen TVs and tablets in your doctor’s office that run different health related and wellness stories? Many of them are provided to the providers by Outcome Health, which installs free TVs and tablets in...more

Lifesaving Texts Survive TCPA Claims

by Polsinelli on

The United States District Court for the Eastern District of Louisiana recently dismissed TCPA (Telephone Consumer Protection Act) claims filed in a putative class action against the non-profit American Heart Association,...more

TCPA FCC Petitions Tracker April 2018

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

Hot Topic Left in the Cold Over Inconclusive Consent Records

In February 2018, a judge in the Central District of California denied Hot Topic’s motion for summary judgment in a putative Telephone Consumer Protection Act class action stemming from text messages the retailer sent. ...more

D.C. Circuit Rejects FCC’s Interpretation of Automatic Telephone Dialing System Under TCPA

by Bryan Cave on

As retailers continue to be sued for alleged violation of the Telephone Consumer Protection Act (“TCPA”), a long-awaited ruling by the D.C. Circuit on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) may provide...more

D.C. Circuit Rolls Back the FCC’s Expansive Order Targeting Telephone Marketing

by Ropes & Gray LLP on

On March 16, 2018, the D.C. Circuit handed down a unanimous decision rejecting two core components of a 2015 Declaratory Ruling and Order (the “FCC Order”) issued by the Federal Communications Commission (the “FCC”) that...more

Southern District of Florida Finds Text Message Response to an Advertisement is Not a Violation of the TCPA

by Burr & Forman on

In Edelsberg v. Vroom, Inc., No. 16-cv-62734-GAYLES, 2018 WL 1509135 (S.D. Fla. Mar. 27, 2018), the Southern District of Florida held that an advertisement directing interested persons to contact a number provided in the...more

With Evidence of Possible Consent, Yahoo Scores Class Decertification

An Illinois federal district judge handed Yahoo a rare defense victory when it decertified the class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit involving text messages sent from a user messaging...more

Court Gives Industry Participants Hope for Reduced TCPA Liability

In recent years many industries, including, by way of example only, the solar industry, have rapidly adopted text messaging to, among other things, keep in touch with their customers, to alert customers to the availability of...more

D.C. Circuit Reins in FCC’s Overbroad TCPA Interpretations

by Murtha Cullina on

On March 16, a year and a half after hearing oral argument, the D.C. Circuit Court of Appeals issued a long-awaited decision overturning two of the Federal Communications Commission’s (FCC) far-reaching interpretations of the...more

To Text or Not to Text? That Is the Question

Let’s face it: The residential phone line is on the verge of suffering the same fate as the 8-track tape. Anyone who doesn’t know what an 8-track tape is most assuredly uses a cell phone—and only a cell phone—to communicate....more

D.C. Circuit’s Long-Awaited Ruling Narrows FCC’s 2015 TCPA Order

On March 16, 2018, the D.C. Circuit Court of Appeals released a long-awaited decision in ACA International, et al. v. FCC, unanimously ruling to narrow a 2015 Federal Communications Commission (FCC) order (the “2015 Order”)...more

D.C. Circuit Rejects FCC’s TCPA Interpretation

by Bryan Cave on

On March 16, 2018, the D.C. Circuit issued its long-awaited opinion on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) interpreting various sections of the Telephone Consumer Collection Practices Act (“TCPA”). Of...more

Autodialer Junction, What’s Your Function? D.C. Circuit Reverses FCC’s Internally Inconsistent Interpretations of ATDS...

by Dorsey & Whitney LLP on

The D.C. Circuit’s reversal of the Federal Communications Commission’s (“FCC” or “Commission”) pronouncements as to “the precise functions that a device must have capacity to perform for it to be considered an ATDS,” will...more

Appeals Court Strikes Down Key Portions of FCC’s Onerous TCPA Rulemaking

by McDermott Will & Emery on

Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more

Call connected: DC Circuit finally weighs in, rejects significant parts of the Federal Communications Commission’s 2015 TCPA order

In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more

D.C. Circuit Holds that FCC’s Interpretation of the Term “Capacity” is Invalid Because It Makes Nearly Every American a...

by Dorsey & Whitney LLP on

The D.C. Circuit has rejected the FCC’s “impermissibly expansive” interpretation of what constitutes an Automatic Telephone Dialing System (“ATDS”) under the TCPA. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535...more

Call Me, Maybe? The D.C. Circuit Says Your Smartphone Is Not an Autodialer

The nation breathed a little easier last Friday when the D.C. Circuit ruled that Americans can call or text from their smartphones without violating federal law. That’s because the D.C. Circuit has set aside the Federal...more

Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

by Carlton Fields on

The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more

ATDS, WTF? The DC Circuit Dismantles the FCC’s 2015 TCPA Order

by Benesch on

Following the FCC’s 2015 Telephone Consumer Protection Act Omnibus Order, following ten consolidated appeals of the Order filed shortly thereafter, and following an oral argument in 2016, on March 16, 2018 the DC Circuit...more

The D.C. Circuit Issues a Split Ruling on the FCC’s 2015 Omnibus TCPA Order

The long-awaited ruling by the United States Court of Appeals for the District of Columbia on the Federal Communications Commission’s (“FCC”) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on...more

Careful What You Wish For – Additional Discovery Requested By TCPA Class Plaintiff Leads To Decertification Order In Northern...

by Carlton Fields on

Federal courts have a continuing obligation to ensure that class action certification remains appropriate throughout the duration of a case. Accordingly, it is well established that if class certification is later deemed...more

D.C. Circuit Sets Aside 2015 FCC Order on ATDS Definition, Upholds Revocation Expansion

by Baker Donelson on

In its long-awaited ruling addressing the FCC's 2015 Declaratory Ruling and Order, the U.S. Court of Appeals for the D.C. Circuit partially upheld and partially set aside challenges to four specific provisions that had been...more

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