Newsletters

04.10.20

The Second Circuit Reverses Course on ATDS Definition by Adopting Broad Interpretation

Just a few short months after the Seventh and Eleventh Circuits narrowly interpreted the definition of an automatic telephone dialing system (ATDS), the Second Circuit declined to fall in line, instead adopting the Ninth Circuit’s broad interpretation of an ATDS as set forth in Marks.


02.27.20

Significant Post-ACA International Developments

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.


02.27.20

FTC Puts VoIP Providers on Notice About TSR, FTC Act Violations

Federal Trade Commission (FTC) staff sent letters to 19 Voice over Internet Protocol (VoIP) service providers, cautioning recipients about “assisting and facilitating” illegal telemarketing or robocalling.


02.27.20

Court Allows ‘Reasonable Reliance’ on Prior Subscriber Consent

Callers have the right to reasonably rely on the consent of a prior subscriber to a telephone number, a federal district court in Massachusetts has ruled, granting summary judgment in favor of the defendant.


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.