Newsletters

08.07.18

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

As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) ...


08.03.18

New York AG Hits Employer With $120K Fine for Violations

The New York attorney general settled with an international retailer for violations of both the state and city “ban the box” laws for $120,000 in penalties and costs.


07.23.18

First Ringless Voicemail Message TCPA Decision Sides With Plaintiff

A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA).


07.09.18

FCC’s Record $120M Spoofing Forfeiture Final

The Federal Communications Commission (FCC or Commission) finalized its proposed $120 million fine against a “neighborhood spoofer” the agency said made more than 96 million calls to sell timeshares and other vacation packages.


07.09.18

Policy Exclusions Eliminate Coverage for TCPA Lawsuit

Providing a warning about the limits of insurance coverage, a New York federal court sided with an insurer to hold that two exclusions in a policy precluded coverage for a Telephone Consumer Protection Act (TCPA) class action.


07.09.18

Sixth Circuit Dismisses Defendants in Ruling on Fax ‘Senders’

The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class action filed against the defendants.


07.09.18

Oral Revocation of Consent Insufficient Where Contract Required Writing

Where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed, according to an Ohio federal court.


07.09.18

Jury to Decide Issues of Revocation, California Court Rules

Multiple accounts and the question of spousal revocation kept a Telephone Consumer Protection Act (TCPA) action alive in California federal court when the court denied cross motions for summary judgment in the suit.


07.09.18

Consent Limited by ‘Transactional Context’

Consent is defined by the “transactional context,” a California federal court explained when recently denying summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after it sent texts unrelated to the reason the plaintiff provided his phone number.


07.09.18

New Bill Seeks to Expand TCPA

In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone dialing system (ATDS) and more.