12.01.23
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.
A text sent one business day after a plaintiff requested a halt to text messages was not enough to move a Telephone Consumer Protection Act (TCPA) suit forward, a Florida federal court determined.
11.07.23
The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network.
A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled.
A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on its change of heart in the en bancDrazen II decision.
09.13.23
A unanimous en banc Eleventh U.S. Circuit Court of Appeals reversed the court’s prior precedent and ruled that the receipt of a single text message is sufficient to establish Article III standing for purposes of a Telephone Consumer Protection Act suit.
The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.
The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.
08.24.23
A lead generator must indemnify a Telephone Consumer Protection Act (TCPA) codefendant after an Illinois federal court granted summary judgment in favor of the codefendant.
The owner and subscriber of a cellphone listed on the National Do Not Call Registry has Article III standing to bring claims under the Telephone Consumer Protection Act (TCPA) for unsolicited calls or text messages directed to its number, even if the owner and subscriber is not the actual or ...