Newsletters

12.21.22

Florida Federal Court Sua Sponte Raises Standing Concerns in TCPA Case

In a victory for a Telephone Consumer Protection Act defendant, a Florida federal court judge sua sponte found that a plaintiff lacked standing to bring the case.


12.21.22

Chatbot Not a ‘Voice’ for TCPA Purposes, California Federal Court Holds

A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act prohibiting unsolicited calls made using an “artificial or prerecorded voice.”


12.20.22

Speak Out Act Takes Effect

Enacted by Congress in November, the Speak Out Act was signed into law by President Joseph Biden on December 7, prohibiting the judicial enforcement of a nondisclosure or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, ...


12.20.22

Second Circuit Affirms Dismissal Based on Separation Agreement

The Second U.S. Circuit Court of Appeals recently weighed in on release provisions in separation agreements in the context of a head injury.


12.20.22

Sixth Circuit Reverses Dismissal of FMLA Action

Reversing summary judgment in favor of an employer in a Family and Medical Leave Act action, a panel of the U.S. Court of Appeals for the Sixth Circuit held that an employee was not required to provide details each time he requested to use his intermittent leave.


12.06.22

Patent Owner Warning: Statements/Amendments During Examination Will Be Scrutinized During Litigation

In Genuine Enabling Technology LLC v. Nintendo Co., Ltd.,the Federal Circuit held that statements made during prosecution—to distinguish the prior art on the ground that it taught slow-varying signals whereas the invention utilized audio or higher-frequency signals—only clearly ...


11.21.22

New York Court Certifies Two Classes in TCPA Class Action

Certifying two classes in a Telephone Consumer Protection Act class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to demonstrate that they personally registered their numbers on the National Do Not Call ...


11.21.22

Wrong Number Suit Moves Forward in California

A Telephone Consumer Protection Act defendant couldn’t hang its hat on the argument that it accidentally texted the wrong number, a California federal court recently held.


11.21.22

Oklahoma’s Mini-TCPA Takes Effect

The potential for liability for callers has increased yet again, with Oklahoma’s Telephone Solicitation Act  taking effect as of November 1.


11.16.22

Ninth Circuit Rejects Another AB 5 Challenge

The U.S. Court of Appeals for the Ninth Circuit has again upheld California’s Assembly Bill 5, the 2019 law that adopted the ABC test to determine whether a worker is an employee or independent contractor, in a First Amendment challenge.