Newsletters

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.


09.23.22

First FTSA Class Action Settlement Seeks Approval

What is believed to be the first settlement under Florida’s mini-Telephone Consumer Protection Act law is seeking judicial approval for a payout of more than $2.5 million.


09.23.22

Texas Court Finds Private Right of Action for Do Not Call Violation

A federal court in Texas allowed a plaintiff to bring a claim for a defendant’s failure to maintain a do not call list, joining a growing number of jurisdictions to recognize a private right of action for such a claim under the Telephone Consumer Protection Act.


09.23.22

Michigan Considers Mini-TCPA Law

Following in the footsteps of Florida, Oklahoma and Washington, Michigan is considering its own state analogue of the Telephone Consumer Protection Act.


08.31.22

Court Enforces Arbitration Provision in TCPA Suit

A Michigan federal court upheld an arbitration clause found on a lead generation website, granting a defendant’s motion to dismiss a Telephone Consumer Protection Act case.


08.31.22

Contract Termination Doesn’t End EBR for TCPA Purposes

The termination of a contract didn’t end the established business relationship between a consumer and the provider of a vehicle service agreement, according to a New Jersey district court.


08.31.22

Mother Can’t Sue on Behalf of Minor Son, California Court Holds

A mother lacked standing to file a Telephone Consumer Protection Act suit on behalf of her minor son, a California federal court recently held, granting the defendants’ motion to dismiss.


07.28.22

Lead Sales: ‘Possible’ Not Enough for Personal Jurisdiction in a TCPA Case

Explaining the difference between something that is possible and something that is probable, a Pennsylvania federal court found it lacked jurisdiction over a plaintiff’s claims of Telephone Consumer Protection Act (TCPA) violations.