Newsletters

09.30.19

Tainted Beef Definitely an Emergency, California Federal Court Rules

Prerecorded calls made to warn consumers about tainted beef qualified for the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA), a California federal court recently ruled.


09.30.19

TCPA Class Certification Bid Fails for Individualized Issues, Rules New York Federal Court

The need for individualized inquiries defeated the plaintiffs’ motion for class certification in a “wrong number” case in New York federal court.


09.30.19

Defendants Score With Two Recent Article III Standing Victories

In a pair of cases from the U.S. Court of Appeals, Eleventh Circuit, and a federal district court in California, defendants were successful in getting Telephone Consumer Protection Act (TCPA) suits dismissed for lack of standing under Article III of the U.S. Constitution.


09.30.19

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

While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA after the D.C. Circuit’s almost two-year-old landmark decision in ...


08.29.19

Ninth Circuit Doubles Down on Duguid

Doubling down on its recent decision in Duguid v. Facebook, the U.S. Court of Appeals for the Ninth Circuit reiterated in an unpublished memorandum that the exception for government debt to the Telephone Consumer Protection Act (TCPA) is unconstitutional.


08.29.19

House Passes Another TCPA Bill

By an overwhelming vote of 429 to 3, the House of Representatives passed the Stopping Bad Robocalls Act, sending the bill to the Senate for consideration.


08.29.19

Individualized Issues Defeat Class Certification in Illinois

A Telephone Consumer Protection Act (TCPA) defendant was able to overcome the plaintiff’s attempt to certify a nationwide class by demonstrating the need for individualized analysis in a decision from an Illinois federal court.


08.29.19

Stakeholders Weigh In on Call Blocking

In response to the Federal Communications Commission’s (FCC) adoption of a new rule requiring carriers to block robocalls—and accompanying request for comment—stakeholders urged the agency to be flexible in its adoption of the changes and provide broad coverage under the safe ...


08.29.19

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

After a year marked with confusion surrounding the definition of what constitutes an automatic telephone dialing system (ATDS), courts remain split.


08.05.19

Fourth Circuit Affirms $61M Award Against Dish

Affirming a North Carolina federal court’s judgment awarding $61 million in damages for Telephone Consumer Protection Act (TCPA) violations, the U.S. Court of Appeals, Fourth Circuit, rejected Dish Network’s attempts to evade the award.