Newsletters

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.


07.09.18

Oral Revocation of Consent Insufficient Where Contract Required Writing

Where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed, according to an Ohio federal court.


07.09.18

Jury to Decide Issues of Revocation, California Court Rules

Multiple accounts and the question of spousal revocation kept a Telephone Consumer Protection Act (TCPA) action alive in California federal court when the court denied cross motions for summary judgment in the suit.


07.09.18

Consent Limited by ‘Transactional Context’

Consent is defined by the “transactional context,” a California federal court explained when recently denying summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after it sent texts unrelated to the reason the plaintiff provided his phone number.


07.09.18

New Bill Seeks to Expand TCPA

In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone dialing system (ATDS) and more.


07.09.18

The Second Circuit Weighs In on ACA International

Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA International to the Telephone Consumer Protection Act (TCPA) ...


07.09.18

District Courts Rule on ATDS Post-ACA International

Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed results, indicating the courts are still working through ...


07.09.18

First Appellate Court Opinion Post-ACA International

As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s (FCC) previously restrictive interpretation of what constitutes an ...


06.20.18

Supremes: No More Class Action Stacking

A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous ruling in China Agritech v. Resh.


05.31.18

No Authority No Control Means No Vicarious Liability

The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...