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We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover two...more
With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more
The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more
Fourth Circuit Potentially Weighing In on E-SIGN Act - As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more
In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more
In a per curiam unpublished opinion, the Eleventh Circuit recently held that a plaintiff had standing to assert claims under the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) for his receipt of five...more
On August 8, 2023, the United States Court of Appeals for the Ninth Circuit issued a published opinion holding that conventional text messages do not amount to “artificial or prerecorded voice” calls under the Telephone...more
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
In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more
Plaintiffs’ attempts to keep FTSA cases venued in Florida state courts are being upended by the Eleventh Circuit’s recent decision to revisit en banc its Article III standing precedent in single-text message cases....more
Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III. In...more
Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more
On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more
On May 26, 2021, the Fifth Circuit reversed a district court’s dismissal of a Telephone Consumer Protection Act (“TCPA”) putative class action arising from the transmission of a single text message to the plaintiff. The...more
Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more
Hinshaw continues to monitor the deepening circuit split over what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), which restricts certain automated calls and text...more
The Seventh Circuit has recently joined the Second, Third, Sixth and Eleventh Circuits in adopting a narrow interpretation of Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (“TCPA”), one...more
Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more
Does receipt of a single unsolicited text message amount to an “injury in fact” sufficient to establish Article III standing to bring a Telephone Consumer Protection Act (TCPA) lawsuit? The Eleventh Circuit says, “no.”...more
In Gary v. Trueblue, Inc., 346 F.Supp.3d 1040 (E.D. Mich. Oct. 11, 2018), the court granted the Defendant’s motion for summary judgment on the basis that Plaintiff failed to establish the Defendant’s dialing system had the...more
In the recent case of Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) the Ninth Circuit broadly interpreted the TCPA’s definition of automatic telephone dialing system (often referred to as ATDS) to include...more
Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more
In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more
In Marks v. Crunch San Diego, No. 14-56834, 2018 U.S. App. LEXIS 26883 (9th Cir. Sept. 20, 2018), a three judge panel found “the term ‘automatic telephone dialing system’ means equipment which has the capacity (1) to store...more