Newsletters

02.27.20

Supreme Court To Decide Constitutionality of Government-Backed Debt Exception

The U.S. Supreme Court has agreed to weigh in on the constitutionality of the exception to the Telephone Consumer Protection Act (TCPA) for government-backed debt, namely whether that exception violates the First Amendment and whether a property remedy for a constitutional violation is to remove ...


02.27.20

California Court Denies Motion To Compel Arbitration

Denying a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action, a California federal court rejected the defendants’ argument that the plaintiff agreed to arbitrate when he shared his information on a lead-generation website.


02.27.20

DOJ Sues Telecommunications Operators Over Robocalls

Jumping on the enforcement bandwagon, the Department of Justice (DOJ) filed its first actions against telecommunications operators for facilitating illegal robocalls.


02.27.20

Court Tips Hat on Damages, Due Process Concerns

As part of its consideration of the parties’ request for preliminary approval of their settlement agreement of a Telephone Consumer Protection Act (TCPA) class action, a California federal court signaled that an award of full statutory damages would not survive due process considerations.


02.27.20

Texas Court Moves TCPA Claims Against Individuals Forward

Individual defendants continue to face personal liability pursuant to the Telephone Consumer Protection Act (TCPA), with a Texas federal court allowing claims against two individuals to move forward despite their motions to dismiss.


02.27.20

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

The circuit split fueling uncertainty over the proper definition of an automatic telephone dialing system (ATDS) deepened this week as the U.S. Court of Appeals, Seventh Circuit, weighed in on the issue.


02.27.20

Employers Must Allow Employees to Vote

With presidential primaries under way and New York’s own primary vote scheduled for April 28, employers should be cognizant of last year’s amendments to New York’s Election Law, which increased the paid time off that employees may take in order to vote in elections.


02.25.20

California Court Keeps AB 51 on Hold

The Chamber of Commerce and employer organizations convinced a federal court judge in California to halt enforcement of Assembly Bill 51, which was set to take effect January 1, 2020, and invalidate all agreements requiring the waiver of any right to forum or procedure as a condition of employment, ...


02.25.20

Quick Hits From the EEOC: 2020 Priorities, FY 2019 Stats, Disability Suit Victory

The Equal Employment Opportunity Commission (EEOC) had a busy start to 2020, with new Chair Janet Dhillon sharing her priorities for the coming year and the release of the statistics for fiscal year 2019, while a Maryland federal court handed the EEOC a victory in a discrimination suit involving a ...


02.25.20

Sick Sibling, Healthy Kids Don’t Trigger FMLA Leave, Ohio Court Rules

The Family and Medical Leave Act (FMLA) doesn’t cover an employee’s leave to care for the healthy children of an ill sibling, according to a new decision from an Ohio federal court.