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Written Consent Prior Express Consent

Troutman Pepper

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

Troutman Pepper on

A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

Sheppard Mullin Richter & Hampton LLP

AI-Generated Voice Calls: New Tech, Old Rules

The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

DarrowEverett LLP on

Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DashCam Developer Insulated From BIPA Liability

On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more

Goodwin

Florida Tightens Telemarketing Restrictions In Wake of Duguid Ruling

Goodwin on

Restrictions on telemarketing to Florida residents are about to get tighter. Just a few months ago, in Facebook, Inc. v. Duguid, 592 U.S. ___ (2021), the U.S. Supreme Court ruled that for the purposes of the Telephone...more

Dorsey & Whitney LLP

Trademark Practice Tip: How to Settle a Trademark Opposition Proceeding and Obtain Judgment Against the Applicant After an...

Dorsey & Whitney LLP on

Most opposition proceedings in the Trademark Trial and Appeal Board of the USPTO settle before final judgment, often based on a negotiated settlement agreement requiring the abandonment of the opposed application. In these...more

Foley & Lardner LLP

Real Estate Industry Facing Threat of New TCPA Class Actions

Foley & Lardner LLP on

Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

Womble Bond Dickinson

Getting a Bad TCPA Vibe: Court Finds Text Message Platform’s Advertising Billions of Texts Sent Sufficient to Allege ATDS Usage

Womble Bond Dickinson on

No matter what P.T. Barnum might have said, some publicity is bad publicity. In the case of text message provider Vibe, a decision to (allegedly) advertise that it has sent over 4 billion text messages has lead at least...more

Womble Bond Dickinson

Don’t Call It a Comeback: The National Do Not Call Registry (“DNCR”) Has Been Here for Years, but DNCR-Based Litigation May Be on...

Womble Bond Dickinson on

Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more

Womble Bond Dickinson

High Hopes: Plaintiffs’ Lawyers Set Their Sights on Cannabis Industry in Two New TCPA Class Actions

Womble Bond Dickinson on

The cannabis industry seems to be attracting a lot attention these days. Eaze Solutions, Inc. – the so-called “Uber of Weed” – was hit with a second class action today alleging it sent unsolicited text messages advertising...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Burr & Forman

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

Burr & Forman on

The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

Kelley Drye & Warren LLP

FTC Closes Investigation Involving Proposed Changes to PayPal’s Terms

Earlier this year, PayPal announced planned changes to its User Agreement that would have, among other things, given the company broad rights to contact people by phone or text messages. The provision stated, in part...more

Wilson Sonsini Goodrich & Rosati

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

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