Newsletters

04.15.15

User Choice to Send Solicitations Refutes ATDS Allegations

Following a growing precedent in the California federal district courts, a judge recently concluded that a defendant in a Telephone Consumer Protection Act case did not impermissibly use an automated telephone dialing system (ATDS) because human intervention was involved.


03.18.15

California TCPA Suit Moves Forward

A putative class action alleging violations of the Telephone Consumer Protection Act by Bebe Stores will move forward after a California federal court judge denied defendant’s motion to dismiss.


02.17.15

TCPA Suit on Hold Pending FCC Petitions

A federal court judge has stayed a class action pending a decision by the Federal Communications Commission on the issue of whether the agency overstepped its bounds by issuing regulations stating that the Telephone Consumer Protection Act requires solicited fax advertisements to include opt-out ...


01.21.15

Dish Could Face Billions in TCPA Liability

Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties made on its behalf, a federal court judge in Illinois has ruled.


12.15.14

Burger King Settles TCPA Suit for Whopping $8.5M

Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements.


11.21.14

Ruling on ATDS Capability, California Court Dismisses TCPA Suit

Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system is an automatic telephone dialing system pursuant to the Telephone Consumer Protection Act (TCPA), a California federal court ...


10.22.14

9th Circuit Affirms Vicarious Liability–For Anybody–Under TCPA

In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for violations of the statute made by a third party – even where the violator was not the advertiser of the product.


09.22.14

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead

One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules.


08.18.14

Capital One Sets Record With $75M TCPA Deal

In what is believed to be the largest Telephone Consumer Protection Act (TCPA) settlement on record, Capital One Bank, related companies, and their third-party collection vendors reached a $75 million deal to settle suits on behalf of a class of customers who received calls at over 21 million ...


07.16.14

Donna Wilson Invited to Speak on TCPA Developments

On July 25, 2014, Manatt litigation partner Donna Wilson will speak at a session titled “All About the Telephone Consumer Protection Act” during Bridgeport Continuing Education’s Advertising, Marketing & Media Law: Litigation & Best Practices Seminar.