Newsletters

08.07.18

Defendant’s Testimonial Evidence of Obtaining Consent Precludes Class Certification

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class certification be denied, relying primarily on evidence showing the defendant ...


08.07.18

Senators Push FCC for TCPA Protections

In a letter to Federal Communications Commission (FCC) Chair Ajit Pai, a group of 14 senators urged the agency to adopt “important consumer safeguards” in the wake of the ACA International v. FCC decision.


08.07.18

Class Certification Granted for ‘Bad/Wrong Number’ Calls

Providing a lesson in the importance of good recordkeeping, Chief District Judge William P. Johnson of the District of New Mexico granted a plaintiff’s motion for class certification in a putative Telephone Consumer Protection Act (TCPA) class action against two financial services entities, ...


08.07.18

Questions of Consent and Identity Preclude Summary Judgement

Finding questions on the issue of consent and the identity of the caller remained, U.S. District Court Judge Robert L. Miller Jr. from the Southern District of Indiana denied a Telephone Consumer Protection Act (TCPA) defendant’s bid for summary judgment in mid-June 2018.


08.07.18

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

As we have previously reported, the recent 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’s) 2015 automatic telephone dialing system (ATDS) ...


08.02.18

One District Judge Says Ringless Voicemails Are TCPA ‘Calls’

A ringless voicemail message (RVM)—technology that allows messages to be left directly on a consumer’s cell phone without requiring the consumer to answer—can be a handy communication tool for any business, but particularly so for financial services companies concerned with ...


07.23.18

First Ringless Voicemail Message TCPA Decision Sides With Plaintiff

A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA).


07.09.18

FCC’s Record $120M Spoofing Forfeiture Final

The Federal Communications Commission (FCC or Commission) finalized its proposed $120 million fine against a “neighborhood spoofer” the agency said made more than 96 million calls to sell timeshares and other vacation packages.


07.09.18

Policy Exclusions Eliminate Coverage for TCPA Lawsuit

Providing a warning about the limits of insurance coverage, a New York federal court sided with an insurer to hold that two exclusions in a policy precluded coverage for a Telephone Consumer Protection Act (TCPA) class action.


07.09.18

Sixth Circuit Dismisses Defendants in Ruling on Fax ‘Senders’

The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class action filed against the defendants.