03.30.21
The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act, an issue being litigated in the wake of the Barr v. American Association of Political Consultants decision by the Supreme Court last year.
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court.
02.27.20
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.
10.11.19
In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act, the Supreme Court has instead chosen to punt.
09.30.19
Closing “a loophole in the law,” the Federal Communications Commission (FCC) adopted new rules banning caller ID “spoofing”—i.e., using a “fake” caller ID number— for text messages and foreign calls.
An Oklahoma federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) plaintiff on vicarious liability issues, ruling that the defendant was liable for telemarketing calls made by a sales lead generator on its behalf.
Prerecorded calls made to warn consumers about tainted beef qualified for the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA), a California federal court recently ruled.
The need for individualized inquiries defeated the plaintiffs’ motion for class certification in a “wrong number” case in New York federal court.
While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA after the D.C. Circuit’s almost two-year-old landmark decision in ...
08.05.19
Over a year after the ACA International (ACA) decision from the D.C. Circuit that 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) guidance, ...
