Newsletters

08.07.18

Eleventh Circuit Refuses to Compel Arbitration in TCPA Dispute

An unsigned agreement put an end to a Telephone Consumer Protection Act (TCPA) defendant’s attempt to compel arbitration of the suit, the U.S. Court of Appeals for the Eleventh Circuit recently decided.


08.07.18

Defendant’s Testimonial Evidence of Obtaining Consent Precludes Class Certification

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class certification be denied, relying primarily on evidence showing the defendant ...


08.07.18

Senators Push FCC for TCPA Protections

In a letter to Federal Communications Commission (FCC) Chair Ajit Pai, a group of 14 senators urged the agency to adopt “important consumer safeguards” in the wake of the ACA International v. FCC decision.


08.07.18

Class Certification Granted for ‘Bad/Wrong Number’ Calls

Providing a lesson in the importance of good recordkeeping, Chief District Judge William P. Johnson of the District of New Mexico granted a plaintiff’s motion for class certification in a putative Telephone Consumer Protection Act (TCPA) class action against two financial services entities, ...


08.07.18

Questions of Consent and Identity Preclude Summary Judgement

Finding questions on the issue of consent and the identity of the caller remained, U.S. District Court Judge Robert L. Miller Jr. from the Southern District of Indiana denied a Telephone Consumer Protection Act (TCPA) defendant’s bid for summary judgment in mid-June 2018.


08.07.18

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) ...


08.06.18

CCAs Win Exit Fees Skirmish but Fight Continues

Last Wednesday afternoon, one day before the California Public Utilities Commission held a scheduled argument in the matter, Administrative Law Judge Stephen Roscow issued a Proposed Decision Modifying the Power Charge Indifference Adjustment Methodology, or PCIA.


08.03.18

New York AG Hits Employer With $120K Fine for Violations

The New York attorney general settled with an international retailer for violations of both the state and city “ban the box” laws for $120,000 in penalties and costs.


08.03.18

OCC to Accept Fintech Charter Applications. What Happens Next?

In a decision long anticipated by the fintech industry and opposed by multiple state regulators, on July 31 the Office of the Comptroller of the Currency (OCC) announced it will accept applications for special purpose national bank charters for fintech companies.


08.02.18

FTC Seeks Greater Data Security, Privacy Authority

The Federal Trade Commission (FTC) is seeking more power to protect consumers and promote competition. In testimony before Congress, the FTC chair and the associate director for the Division of Privacy and Identity Protection discussed the agency’s enforcement efforts and assured lawmakers ...