Newsletters

08.30.18

Eleventh Circuit Refuses to Bind Nonsignatory to Arbitration Agreement

A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA).


08.30.18

Cash, Vouchers Totaling $1.4M Settle Text Ad Suit

Using a combination of cash and gift cards, Bloomingdale’s agreed to pay a total of $1.4 million to settle a Telephone Consumer Protection Act (TCPA) suit arising over text messages.


08.30.18

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) ...


08.30.18

Republicans Take a Turn Reaching Out to FCC

In the wake of the major shake-up resulting from the D.C. Circuit’s recent decision, ACA International v. FCC, the Federal Communications Commission (FCC) released a public notice requesting comment on how the agency should interpret the Telephone Consumer Protection Act (TCPA) moving ...


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) ...