Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
Credit Eco to Go Podcast - The Results are In: Consumers Really Do Respond Better to Digital Communications
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Sitting with the C-Suite: Best Practices in Mobile Device Data Preservation
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Video | Tips for Managing the Preservation of Mobile Device Data
Podcast: Keeping Up with Recent Changes and Trends in Private Fund Regulation
Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA
The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more
TCPA revocation cases are on the rise, and a closely related type of case– the internal DNC claim– is on the rise along with it. There is a slight difference between the two types of cases, and one which we don’t talk about...more
After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more
A North Carolina federal district court recently denied a motion to dismiss a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”) based on the receipt of text message solicitations....more
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
Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more
On November 18, 2022, the United States District Court for the Northern District of California ruled that text messages sent by a “chatbot” do not constitute an artificial or prerecorded voice, per the federal Telephone...more
The District of Connecticut recently dismissed a TCPA action against the Subway Franchisee Advertising Fund Trust (“Subway”) because plaintiff failed to allege that Subway used an ATDS to send text messages to her cell...more
The TCPA’s Do Not Call (DNC) regulations prohibit telephone solicitations to “residential telephone subscriber[s]” who have “registered [their] telephone number on the national do-not-call registry.” See 47 C.F.R. §...more
The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more
The Fifth Circuit recently held that a TCPA plaintiff who received a single text message suffered an Article III injury sufficient to support standing for his claim. In Cranor v. 5 Star Nutrition, L.L.C., No. 19-51173, 2021...more
Written by Nikku Khalifian Political campaigns remain prime targets during election season. And, despite a narrow interpretation of an ATDS by the Seventh Circuit, one District Court in Illinois found that the Plaintiff had...more
The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated. Specifically, the TCPA imposes heightened requirements for calls that are deemed...more
The Northern District of California recently granted a motion to dismiss, finding the plaintiff failed to plausibly allege that e-commerce platform Shopify was directly or vicariously liable for the alleged TCPA violations of...more
The U.S. District Court for the District of Massachusetts recently granted a TCPA defendant’s motion to dismiss, in part, because the plaintiff failed to allege plausible facts supporting an assertion that the defendant,...more
Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more
The Western District of Washington recently held in Vallianos. v. Schultz, C19-0464-JCC, 2019 WL 4980649 (W.D. Wash. Oct. 8, 2019), that two text messages encouraging recipients to view a livestream of a political speech by...more
In a text message case, the U.S. District Court for the Southern District of Florida recently granted Atlantic Coast Enterprise, LLC’s (“Ace”) motion to dismiss upon finding that the plaintiff had failed to plausibly allege...more
Generally, text message platform providers are not considered the “sender” or “maker” of a text message or call unless they are so involved in placing the call as to be deemed to have “made or initiated” it themselves. The...more
The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting that “the text messages...more
In Salcedo v. Hanna, No. 17-14077 (11th Cir. 2019), the Eleventh Circuit recently ruled that receipt of a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone...more
The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more
Back in July of last year, a Michigan Western District Court became the first court in the country to hold that a “ringless” voicemail—technology which “deposits” a voicemail into a consumer’s voice mail box without actually...more
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more
Today the Ninth Circuit made it clear that it will not tolerate Opt-Out Evaders in its Circuit. Opt-out evaders are unpleasant residents of TCPAland that set up “test” cases by, inter alia, sending everything but “stop” to...more