Newsletters

07.09.20

SCOTUS Strikes Again! The Supreme Court Upholds the TCPA but Severs the Debt-Collection Exemption

“Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.”


07.09.20

Use of External Component or SQL Server with Dialing System May Not Qualify as an ATDS

In the latest Telephone Consumer Protection Act (TCPA) ruling, a Pennsylvania district court has rejected the theory proposed by two plaintiffs regarding Navient Solutions: a dialing system that uses external databases to store and randomly and sequentially generate number tables to then pass on to ...


07.09.20

Two P2Ps in a Pod: The FCC Rules P2P Click-to-Text Platforms Are Not Autodialers

On June 25, 2020, the Federal Communications Commission (FCC) granted the P2P Alliance’s 2018 petition, squarely holding that “if a calling platform is not capable of originating a call or sending a text without a person actively and affirmatively manually dialing each one, that ...


03.16.20

TCPA, State Telemarketing Bans and Coronavirus—What You Should Know

COVID-19 is having a widespread impact on our communities and businesses, including the ability to place telephone calls under the federal Telephone Consumer Protection Act (TCPA) and state law equivalents.


02.27.20

Significant Post-ACA International Developments

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.


02.27.20

FTC Puts VoIP Providers on Notice About TSR, FTC Act Violations

Federal Trade Commission (FTC) staff sent letters to 19 Voice over Internet Protocol (VoIP) service providers, cautioning recipients about “assisting and facilitating” illegal telemarketing or robocalling.


02.27.20

Supreme Court To Decide Constitutionality of Government-Backed Debt Exception

The U.S. Supreme Court has agreed to weigh in on the constitutionality of the exception to the Telephone Consumer Protection Act (TCPA) for government-backed debt, namely whether that exception violates the First Amendment and whether a property remedy for a constitutional violation is to remove ...


02.27.20

California Court Denies Motion To Compel Arbitration

Denying a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action, a California federal court rejected the defendants’ argument that the plaintiff agreed to arbitrate when he shared his information on a lead-generation website.


02.27.20

Court Tips Hat on Damages, Due Process Concerns

As part of its consideration of the parties’ request for preliminary approval of their settlement agreement of a Telephone Consumer Protection Act (TCPA) class action, a California federal court signaled that an award of full statutory damages would not survive due process considerations.


02.27.20

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

The circuit split fueling uncertainty over the proper definition of an automatic telephone dialing system (ATDS) deepened this week as the U.S. Court of Appeals, Seventh Circuit, weighed in on the issue.