• 05.10.18

    Fourth Circuit: No Ratification, No Vicarious Liability

    The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting their products.

  • 05.10.18

    With Craigslist Ad, Plaintiff Provided Consent for Contact

    A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida has ruled.

  • 05.10.18

    Health Insurance Quality Assurance Included Doctor Visits

    By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the defendant.

  • 05.10.18

    Defendant’s Revocation Method Was Reasonable, Ending Suit

    Edible Arrangements did not run afoul of the Telephone Consumer Protection Act (TCPA) by making it unreasonably hard for text recipients to revoke their consent, a New Jersey federal court has ruled.

  • 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.

  • 04.03.18

    Hot Topic Left in the Cold Over Inconclusive Consent Records

    In February 2018, a judge in the Central District of California denied Hot Topic’s motion for summary judgment in a putative Telephone Consumer Protection Act class action stemming from text messages the retailer sent. 

  • 04.03.18

    Fourth Circuit: Lower Courts Must Follow FCC’s TCPA Interpretations

    In a recent ruling, the Fourth Circuit has followed its sister circuits in holding that district courts must follow the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA).

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