Newsletters

05.26.22

What You Need to Know About Washington’s and Oklahoma’s New Mini-TCPA Laws

Washington state passed a new mini-TCPA law which will go into effect June 9, 2022, as well as Oklahoma which will go into effect November 1, 2022.


05.26.22

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act suit survived a motion to dismiss due to a lack of an established ...


05.26.22

Single RVM Insufficient to Establish Standing for TCPA Suit

Does the receipt of a single ringless voicemail create federal Article III standing for a Telephone Consumer Protection Act suit?  


05.26.22

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative TCPA class action.


04.21.22

C.D. Cal. Court Denies Class Certification Where Employee Entered Wrong Digit

A California federal court refused to certify a putative Telephone Consumer Protection Act class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member’s phone number was entered into the system incorrectly.


04.21.22

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection Act’s consent requirement.


04.21.22

Robocalls Subject of More FCC Cease and Desist Letters

Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission issued another three cease and desist letters to voice service providers.


03.31.22

Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

In an appeal consolidating two Telephone Consumer Protection Act cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing software Txt Live did not meet the statutory definition of an autodialer.


03.31.22

State Telemarketing Laws Popping Up Around the Country

Florida’s passage of a Telephone Consumer Protection Act state law analogue appears to have started a trend, with similar bills introduced in Georgia, Oklahoma and Washington.


03.31.22

Request to Stop Text Messages Trumps Emergency Exception

A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act, a Florida federal court recently ruled.