Newsletters

07.09.18

First Appellate Court Opinion Post-ACA International

As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s (FCC) previously restrictive interpretation of what constitutes an ...


06.20.18

Supremes: No More Class Action Stacking

A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous ruling in China Agritech v. Resh.


05.31.18

No Authority No Control Means No Vicarious Liability

The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...


05.31.18

Proposed Legislation, Testimony and Proposed Rulemaking on Robocalls

Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...


05.31.18

Recent Developments After ACA International v. FCC (May 2018)

As we previously reported, the D.C. Circuit issued its long-awaited decision in the ACA International case earlier this year, which was quickly followed by a Federal Communications Commission (FCC) public notice (Notice) seeking comments so as to define an automatic telephone dialing system (ATDS), ...


05.10.18

Seventh Circuit Reverses Grant of Summary Judgment as Premature

Reversing dismissal of a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Seventh Circuit ruled that a plaintiff should have been afforded the opportunity to conduct discovery before his claim was tossed out on summary judgment.


05.10.18

Nonprofit’s Texts Within Plaintiff’s Scope of Consent

Texts sent on behalf of a nonprofit organization with tips about how to respond to a cardiac arrest event were within the category of messages the plaintiff consented to receive, a Louisiana federal court said, dismissing her putative class action.


05.10.18

Court Grants Class Certification—but Only for In-State Residents

A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue.


05.10.18

Verification Fax Found to Be Advertising

Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)?


05.10.18

Fourth Circuit: No Ratification, No Vicarious Liability

The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting their products.