08.05.19
The U.S. Court of Appeals, Sixth Circuit, recently weighed in on a third party’s potential Telephone Consumer Protection Act (TCPA) liability for assistance to telemarketers.
In a victory for a Telephone Consumer Protection Act (TCPA) defendant, a California federal court granted a motion to compel arbitration based on an agreement found in hyperlinked terms and conditions.
A New York federal court granted summary judgment in favor of the plaintiff for a total of 55 calls, finding no merit in the defendant’s contention that the plaintiff failed to provide evidence that each of the calls was received.
Over a year after the ACA International (ACA) decision from the D.C. Circuit that 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) guidance, ...
07.17.19
Conservative activist Dr. James R. Leininger, through an entity he owned, helped finance a film called Last Ounce of Courage.
06.24.19
A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case where the class definition excluded the plaintiff himself.
Anti-robocall legislation continues to move forward at both the federal and state levels, with the TRACED Act easing through the U.S. Senate by an overwhelming majority and a similar bill making its way through the California Legislature.
The Federal Trade Commission (FTC) put an end to the litigation in the “Pointbreak Media” robocall case, an action filed by the agency in 2018 against multiple individual and corporate defendants that operated a telemarketing scam.
A Telephone Consumer Protection Act (TCPA) plaintiff managed to survive the defendant’s motion to dismiss after the court found sufficient factual allegations in the complaint that the defendant used an automated telephone dialing system (ATDS).
A Wisconsin federal court has held, in Cunningham v. Montes, that the Communications Decency Act (CDA) does not preclude claims asserted against providers of telemarketing services under the Telephone Consumer Protection Act (TCPA).
