Newsletters

05.31.18

Claims Based on TCPA, Not Contract, Means No Arbitration

Reversing a district court’s order to arbitrate a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Ninth Circuit determined in April 2018 in Rahmany v. T-Mobile USA, Inc. that the plaintiffs’ claims were based on violations of the statute unrelated to ...


05.31.18

TCPA Action Over Faxed Dinner Invite Thrown Out

In April 2018, a Connecticut federal court—deciding a case on remand from the U.S. Court of Appeals, Second Circuit—dismissed a Telephone Consumer Protection Act (TCPA) action challenging a faxed dinner invitation in Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, ...


05.31.18

Executive off the Hook in $22M TCPA Action

In City Select Auto Sales, Inc. v. David Randall Associates, Inc. et al., the U.S. Court of Appeals, Third Circuit has affirmed an opinion from the U.S. District Court, District of New Jersey that a corporate executive was not liable under the Telephone Consumer Protection Act (TCPA) for allegedly ...


05.31.18

Car Sales Website Did Not ‘Send’ Text Messages

Granting summary judgment in favor of the defendant in Serban v. CarGurus, Inc., Judge Saral Ellis from the U.S. District Court, Northern District of Illinois ruled in March 2018 that a car sales website was not liable under the Telephone Consumer Protection Act (TCPA) for a text message sent to ...


05.31.18

Recent Developments After ACA International v. FCC (May 2018)

As we previously reported, the D.C. Circuit issued its long-awaited decision in the ACA International case earlier this year, which was quickly followed by a Federal Communications Commission (FCC) public notice (Notice) seeking comments so as to define an automatic telephone dialing system (ATDS), ...


05.22.18

Special Alert: FCC Notice on ACA International

As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of “automatic telephone dialing system” (ATDS or autodialer) and ...


04.03.18

With Evidence of Possible Consent, Yahoo Scores Class Decertification

An Illinois federal district judge handed Yahoo a rare defense victory when it decertified the class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit involving text messages sent from a user messaging platform based on evidence obtained from a phone carrier during the class ...


04.03.18

FCC Wants More Input on Reassigned Numbers

What should the Federal Communications Commission (FCC) do about reassigned numbers in the Telephone Consumer Protection Act (TCPA) context?


04.03.18

Second Circuit Affirms Exception for Flu Shot Reminder

Doubling down on the healthcare exception to the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit ruled that Rite Aid was not liable for flu shot reminder calls.


04.03.18

California Federal Court: Plaintiff’s Complaint Revokes Consent

In an interesting decision, a judge in the Northern District of California held that the service of a Telephone Consumer Protection Act (TCPA) complaint operates as a revocation of consent to receive phone calls from the defendant.