Newsletters

03.26.19

Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s motion to dismiss in Lackawanna Chiropractic v. Tivity Health ...


03.26.19

Text Broadcaster May Be Liable Under TCPA, Says Nevada Federal Judge

In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las Vegas-based theater company that had engaged Twilio’s services, as ...


03.26.19

Texting Platform Company Defeats Summary Judgment in Texas

In Franklin v. Upland Software Inc., a federal magistrate judge in Texas denied a summary judgment motion against a texting software platform, finding that the platform could not be held liable under the Telephone Consumer Protection Act (TCPA).


03.26.19

Caribbean Cruises Away From Class Certification in Illinois Federal Court

Caribbean Cruise Line—a frequent subject of this newsletter—sailed away from class certification in another putative Telephone Consumer Protection Act (TCPA) class action, successfully persuading a federal judge in the Northern District of Illinois that the plaintiff was an inadequate ...


03.26.19

Florida Federal Court Denies Defendant’s Motion to Compel Arbitration

In Ramos v. PF Homestead LLC, a Florida federal court refused to send a Telephone Consumer Protection Act (TCPA) case to arbitration, rejecting the defendant’s attempt to rely on the arbitration provision in a canceled gym membership agreement.


03.26.19

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

Months after the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, courts remain split on ...


02.14.19

Gym Wins Dismissal After Court Finds Texts Informational

A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit.


02.14.19

Text Messages Part of Ongoing Business Transaction, California Court Rules

Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California federal court has ruled.


02.14.19

Plaintiff’s Attempt at Tolling Doctrine Falls Short in Third Circuit

The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005.


02.14.19

Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of Civil Procedure 67 does not moot the action.