Newsletters

11.21.22

Wrong Number Suit Moves Forward in California

A Telephone Consumer Protection Act defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held.


11.21.22

Oklahoma’s Mini-TCPA Takes Effect

The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act  taking effect as of November 1.


10.28.22

Contract Terms Protect Seller From Marketer’s TCPA Violations

A contract prohibiting Telephone Consumer Protection Act violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court.


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 ...


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.