Newsletters

12.13.24

Supreme Court to Decide Federal Court Deference to FCC Interpretations

In October, the U.S. Supreme Court agreed to hear yet another case, at least its third in the past six years, related to the TCPA.The case the Court will hear this term involves McLaughlin Chiropractic Associates. McLaughlin filed a putative TCPA class action against McKesson Corp. alleging it had ...


12.13.24

Illinois Court Issues Mixed Ruling on Motion to Dismiss TCPA Claims

The U.S. District Court for the Southern District of Illinois issued a mixed decision on a motion to dismiss filed by several defendants in a TCPA action involving calls regarding vehicle service contracts (VSCs).In the case, plaintiff Angelina Showers alleged she received multiple unsolicited ...


12.13.24

Vicarious Liability Claims Keep Defendant in TCPA Case

Vicarious liability was a viable theory of liability against a TCPA defendant, the U.S. District Court for the Northern District of Ohio ruled, denying a motion for summary judgment.In his complaint, Matthew Dickson claimed that Direct Energy delivered multiple ringless voicemails (RVMs) to his ...


12.13.24

FCC’s Revocation Rule to Take Effect April 2025

The FCC announced that its new revocation rule will take effect on April 11, 2025.With a goal “to strengthen consumers’ ability to revoke consent,” the Agency adopted the rule earlier this year ...


10.03.24

FCC Proposes AI Regulations

In its latest move addressing artificial intelligence (AI), the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) to regulate robocalls made using AI.


10.03.24

Eye Exam Reminders May Violate TCPA

Reminders about the need for an eye exam do not always fall within the health care provider exemption of the Telephone Consumer Protection Act (TCPA) regulations, a federal court in Florida recently held.


10.03.24

Court Finds Cellphones Covered By TCPA, But Tosses Suit

Despite holding that cellphone users are not “categorically excluded” from the TCPA, a New York federal court granted a defendant’s motion to dismiss after determining the complaint failed to allege that the defendant was directly or vicariously liable for the calls at issue.


10.03.24

Questions About Phone’s Business Use Defeat Class Certification

A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business.


08.01.24

FCC Sends Letters to Telecom Companies About AI For Political Calls

Continuing its focus on the use of artificial intelligence (AI) in robocalls, the Federal Communications Commission (FCC) sent letters to nine telecommunications companies asking about the efforts they are taking to prevent fraudulent robocalls that use AI for political purposes.


08.01.24

Insufficient Allegations Doom TCPA Action

A California federal court recently granted a defendant’s motion to dismiss the Telephone Consumer Protection Act (TCPA) claim brought by a plaintiff alleging that she received a trio of unwanted phone calls, finding that she failed to state a claim under the statute.