Newsletters

10.04.18

Contractual Consent Cannot Be Unilaterally Revoked, Connecticut Federal Court Holds

According to a federal judge in the District of Connecticut, contractual consent cannot be unilaterally revoked in a putative Telephone Consumer Protection Act (TCPA) class action.


10.04.18

Court Holds Olive Garden Not Liable for ‘Never-Ending’ Faxes

In August 2018, the U.S. Court of Appeals, Seventh Circuit dismissed a Telephone Consumer Protection Act (TCPA) action after finding that the defendant was not the “sender” of the fax at issue.


10.04.18

Pet Insurance Call Was an Ad Under the TCPA

A call promoting pet insurance made to a recent kitten adopter constituted an “advertisement” pursuant to the Telephone Consumer Protection Act (TCPA), an Illinois federal court has ruled.


10.04.18

CEO on the Hook for TCPA Liability

Demonstrating a costly lesson in personal liability for corporate executives, an Illinois federal court found a corporate officer to be on the hook for millions of dollars of damages pursuant to the Telephone Consumer Protection Act (TCPA).


10.04.18

Individual Issues Resulting From Oral Consent Ends Certification Effort

Where the defendant in a Telephone Consumer Protection Act (TCPA) case told a judge in the U.S. District Court, Eastern District of Pennsylvania that consent to receive faxed ads was provided orally, individual issues will predominate and preclude class certification, the court ruled.


10.04.18

He Said, She Said: Struggles With Couple’s TCPA Consent Issues

Although a federal judge in the Northern District of Ohio found that a husband provided consent for his wife to be contacted on her cellphone, the judge also rejected the idea that the plaintiff contractually waived his right to revoke consent under the Telephone Consumer Protection Act (TCPA), ...


10.04.18

Manatt’s Continuing Coverage of 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) 2015 automatic telephone dialing system (ATDS) ...


09.24.18

Special Alert: Ninth Circuit Rules on ACA International

As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision earlier this year, in which the D.C. Circuit set aside the Federal ...


08.30.18

Illinois Court Severs Nonresidents From TCPA Class

The Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California continues to pay dividends for Telephone Consumer Protection Act (TCPA) defendants, as another Illinois federal court agreed that the opinion prevented it from certifying a nationwide class of ...


08.30.18

Sixth Circuit: Death, Taxes and TCPA Claims

A Telephone Consumer Protection Act (TCPA) claim survives the death of the plaintiff, the U.S. Court of Appeals, Sixth Circuit has ruled, declaring the statute is “remedial” in nature and not penal.