12.21.23
In the first decision on the issue, an Arizona federal court held that a Multimedia Messaging Service (MMS) text didn’t run afoul of the Telephone Consumer Protection Act (TCPA).
09.13.23
A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone Consumer Protection Act suit.
The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.
The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.
06.06.23
States are continuing their focus on telemarketing, with updates and new laws in Arizona, Florida, Maryland, Mississippi, Tennessee and Washington, and a bill in Georgia waiting on a gubernatorial signature.
A federal court in Missouri granted class certification in a Telephone Consumer Protection Act action that could cost the defendant almost $4 million for allegedly sending unsolicited faxes.
After a jury awarded a Telephone Consumer Protection Act plaintiff $8,500 in damages at trial, the judge declined to treble the award—and instead cut it to $6,500.
12.21.22
Though there has been some debate in the courts on this front, the Federal Communications Commission clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers must obtain a consumer’s consent before delivering a so-called “ringless” ...
In a victory for a Telephone Consumer Protection Act defendant, a Florida federal court judge sua sponte found that a plaintiff lacked standing to bring the case.
A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act prohibiting unsolicited calls made using an “artificial or prerecorded voice.”