Newsletters

02.28.23

Post-Facebook v. Duguid Litigation Roundup

A summary of some recent noteworthy district-level decisions applying and interpreting Facebook follows.


02.28.23

California Supreme Court Provides Insurance Victory For TCPA Defendants

A commercial general liability insurance policy may provide coverage for Telephone Consumer Protection Act class actions, the California Supreme Court has ruled, answering a certified question from the Ninth U.S. Circuit Court of Appeals.


02.28.23

Number of Calls Informs Standing, Eleventh Circuit Says

A district court erred when it failed to ascertain the number of telephone calls allegedly received by the plaintiffs in a Telephone Consumer Protection Act class action, the Eleventh U.S. Circuit Court of Appeals determined.


02.28.23

More Mini-TCPAs Considered in Maryland, New York

The trend of state mini-Telephone Consumer Protection Act (TCPA) laws continues to proliferate, with legislatures in Maryland and New York currently considering new bills.


12.21.22

FCC: Ringless Voicemails Are ‘Calls’ for TCPA Purposes

Though there has been some debate in the courts on this front, the Federal Communications Commission clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers must obtain a consumer’s consent before delivering a so-called “ringless” ...


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.”


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.