Newsletters

01.30.20

Eleventh Circuit Reverses Class Cert, Citing Uninjured Class Members

Vacating a class certification order, the U.S. Court of Appeals, Eleventh Circuit, held that unnamed members of the putative class who did not ask the defendant to stop calling them were not injured by the defendant’s failure to maintain an internal do-not-call list and thus did not have ...


01.30.20

TCPA Doesn’t Cover Online Fax Services, FCC Rules

Unsolicited advertisements sent by fax to online fax services are not covered by the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has ruled.  


01.30.20

$61M Verdict Will Stand, Supreme Court Denies Cert

The record-breaking $61 million verdict against Dish Network will stand after the Supreme Court denied the company’s writ of certiorari in December 2019.


01.30.20

New York Enacts Tougher Telemarketing Law

Businesses in New York will face a tougher law with steeper penalties for telemarketing activities as of March 1, 2020.  


01.30.20

TRACED Act Becomes Law

As expected, President Donald Trump signed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act into law on December 30, 2019.


01.30.20

California Court Hangs Up On Vicarious Liability Claims

A California court tossed a Telephone Consumer Protection Act (TCPA) action seeking to hold the defendant liable for calls made by a lead generator.


01.30.20

TCPA Constitutionality Battle Wages On

In a Report and Recommendation denying a motion to dismiss violations of the Telephone Consumer Protection Act’s (TCPA) automatic telephone dialing system (ATDS) provision, a Florida federal court fueled the battle over the TCPA’s constitutionality by agreeing with other federal ...


01.30.20

Circuit Split Continues: Eleventh Circuit Rejects Expansive ATDS Definition

Deepening a circuit split, the Eleventh Circuit has weighed in on the hotly debated issue of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) and has notably rejected the Ninth Circuit’s Marks v. Crunch San Diego, LLC, decision.


01.02.20

Denying Class Certification, Court Rejects Use of Affidavits

Siding with the defendant, a Massachusetts federal court judge denied certification of two classes in a putative Telephone Consumer Protection Act (TCPA) class action against a medical device manufacturer.


01.02.20

FCC Considering TCPA Liability for Follow-up Texts

Does a follow-up text in response to a consumer’s request to opt out where the sender communicates on multiple issues run afoul of the Telephone Consumer Protection Act (TCPA)?