Newsletters

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.


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 ...


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), ...