The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...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
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
On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more
A few weeks back TCPAland broke the news of a first-in-the-nation result: so-called ringless voicemail products–such as DirectDrop–were found by a district court to constitute a “call” subject to the TCPA. Today the...more
Despite Jay Edelson’s pronouncement this week that there is no new ground to till in TCPAland, a court this week just issued yet another first-in-the-nation ruling and it could have a big impact on users of so-called “direct...more