05.10.24
On February 15, 2024, the Federal Communications Commission (FCC) voted to adopt rules expressly addressing revocation of consent.
In state law news, the West Virginia legislature is considering two new telemarketing bills, while a new law has taken effect in Maryland.
A Missouri federal court judge found that a plaintiff did not have standing to bring a claim under the Telephone Consumer Protection Act’s (TCPA) Internal Do Not Call (IDNC) regulations because the plaintiff had not first asked to be placed on the defendant’s IDNC list.
12.21.23
A summary of some recent noteworthy district-level decisions applying and interpreting Facebook follows.
The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes.
The purported existence of a telemarketing contract and facts suggesting control over the calling party was enough to avoid dismissal of a Telephone Consumer Protection Act (TCPA) claim for vicarious liability in Pennsylvania federal court.
In the first decision on the issue, an Arizona federal court held that a Multimedia Messaging Service (MMS) text didn’t run afoul of the Telephone Consumer Protection Act (TCPA).
12.01.23
On November 22, the FCC issued a Second Report and Order with sweeping implications for the lead generation industry.
Allegations that a defendant left identical messages in an “unnaturally perfect” voice were sufficient for a Washington federal court to deny a Telephone Consumer Protection Act (TCPA) defendant’s motion to dismiss.
A Telephone Consumer Protection Act (TCPA) defendant may be able to evade a lawsuit after pointing to contract terms that required its third-party vendor to comply with the statute in a new decision from Missouri.