12.01.23
A Telephone Consumer Protection Act (TCPA) defendant may be able to evade a lawsuit after pointing to contract terms that required its third-party vendor to comply with the statute in a new decision from Missouri.
A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined.
On November 15, 2023 the Federal Communications Commission (FCC) issued a Notice of Inquiry seeking information and input from communications-focused industries on how the FCC should respond to the rapid proliferation of AI technologies.
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.
04.11.23
It has been busy at the FCC.