Newsletters

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)?


01.02.20

TRACED Act, Bolstered by Bipartisan Support, Becomes Law

President Donald Trump signed into law new robocall legislation just before the end of 2019.


11.25.19

Courts Tackle TCPA Constitutionality

The constitutionality of the Telephone Consumer Protection Act (TCPA) continues to make headlines, with recent decisions out of Delaware and Massachusetts, as well as a certiorari petition submitted to the Supreme Court.


11.25.19

Court Tosses Suit, Finds Defendant Didn’t Initiate Texts

Applying a seven-factor test, a Washington federal court found that the defendant didn’t “make” or “initiate” text messages for purposes of Telephone Consumer Protection Act (TCPA) liability.