06.28.21
The U.S. Supreme Court held on June 25 in TransUnion LLC v. Ramirez that plaintiffs lack Article III standing to pursue claims in federal court in the absence of a concrete injury-in-fact (i.e., actual economic damages or bodily injury) even where the defendant violated a federal statute granting a ...
06.01.21
Interpreting the Supreme Court’s ruling in severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in Delaware held that a debt collector could be liable under the statute for claims that arose prior to the Court’s decision.
Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone Consumer Protection Act (TCPA) class action lawsuit.
Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate judge in Oregon.
04.26.21
Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a TCPA plaintiff’s motion to remand her suit to state court.
A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act and yielding $2,000 payments for class members.
The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the FCC in a new filing.
In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act—with the goal of complementing the now decades-old TCPA to stem the tide of so-called illegal robocalls.
04.06.21
On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system under the Telephone Consumer Protection Act.
03.30.21
The Seventh Circuit refused to revive a TCPA action against Regions Bank, ruling that the district court properly granted summary judgment in the bank’s favor.