Newsletters

12.21.22

FCC: Ringless Voicemails Are ‘Calls’ for TCPA Purposes

Though there has been some debate in the courts on this front, the Federal Communications Commission clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers must obtain a consumer’s consent before delivering a so-called “ringless” ...


12.21.22

Florida Federal Court Sua Sponte Raises Standing Concerns in TCPA Case

In a victory for a Telephone Consumer Protection Act defendant, a Florida federal court judge sua sponte found that a plaintiff lacked standing to bring the case.


12.21.22

Chatbot Not a ‘Voice’ for TCPA Purposes, California Federal Court Holds

A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act prohibiting unsolicited calls made using an “artificial or prerecorded voice.”


11.21.22

New York Court Certifies Two Classes in TCPA Class Action

Certifying two classes in a Telephone Consumer Protection Act class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to demonstrate that they personally registered their numbers on the National Do Not Call ...


11.21.22

Wrong Number Suit Moves Forward in California

A Telephone Consumer Protection Act defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held.


11.21.22

Oklahoma’s Mini-TCPA Takes Effect

The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act  taking effect as of November 1.


10.28.22

Contract Terms Protect Seller From Marketer’s TCPA Violations

A contract prohibiting Telephone Consumer Protection Act violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court.


10.28.22

Company Policy Protects TCPA Defendant

Evidence of a company policy requiring employees to inform customers about receiving texts helped a Telephone Consumer Protection Act defendant win a partial summary judgment motion in Texas federal court.


10.28.22

TCPA Suit Over Doctor’s Calls Fails

A doctor’s calls to his patients informing them of his plans to reduce his caseload and encouraging them to join his new, limited practice fell under the “health care messages” exception to the Telephone Consumer Protection Act, a Maryland federal court found, granting the ...


10.20.22

Bots Beware: Website Chat Bots Become Latest Target for California Class Actions

California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow companies to communicate with customers without employing live website customer service representatives.