Newsletters

12.15.14

Burger King Settles TCPA Suit for Whopping $8.5M

Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements.


11.21.14

Ruling on ATDS Capability, California Court Dismisses TCPA Suit

Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system is an automatic telephone dialing system pursuant to the Telephone Consumer Protection Act (TCPA), a California federal court ...


10.22.14

9th Circuit Affirms Vicarious Liability–For Anybody–Under TCPA

In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for violations of the statute made by a third party – even where the violator was not the advertiser of the product.


09.22.14

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead

One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules.


08.18.14

Capital One Sets Record With $75M TCPA Deal

In what is believed to be the largest Telephone Consumer Protection Act (TCPA) settlement on record, Capital One Bank, related companies, and their third-party collection vendors reached a $75 million deal to settle suits on behalf of a class of customers who received calls at over 21 million ...


07.16.14

Donna Wilson Invited to Speak on TCPA Developments

On July 25, 2014, Manatt litigation partner Donna Wilson will speak at a session titled “All About the Telephone Consumer Protection Act” during Bridgeport Continuing Education’s Advertising, Marketing & Media Law: Litigation & Best Practices Seminar.


06.16.14

TCPA Suit Based On Texts Unrelated To Promotion

Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts.


05.15.14

New TCPA Class Action Doesn’t Want to Make Friends

Ride-sharing company Lyft is facing a putative class action suit for allegedly violating the TCPA by encouraging users to invite their friends to join the service.


04.15.14

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability

Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court judge in Pennsylvania held that the company did not violate the statute by sending text messages to an unintended recipient via an Automatic Telephone Dialing System (“ATDS”).


03.17.14

FCC Seeks Comment on TCPA Liability When Phone Numbers Switch Hands

What happens when a company with prior express consent to call a consumer’s mobile phone contacts that number only to find that it now belongs to someone else?