Newsletters

05.26.22

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative TCPA class action.


04.21.22

C.D. Cal. Court Denies Class Certification Where Employee Entered Wrong Digit

A California federal court refused to certify a putative Telephone Consumer Protection Act class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member’s phone number was entered into the system incorrectly.


04.21.22

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection Act’s consent requirement.


04.21.22

Robocalls Subject of More FCC Cease and Desist Letters

Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission issued another three cease and desist letters to voice service providers.


03.31.22

Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

In an appeal consolidating two Telephone Consumer Protection Act cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing software Txt Live did not meet the statutory definition of an autodialer.


03.31.22

State Telemarketing Laws Popping Up Around the Country

Florida’s passage of a Telephone Consumer Protection Act state law analogue appears to have started a trend, with similar bills introduced in Georgia, Oklahoma and Washington.


03.31.22

Request to Stop Text Messages Trumps Emergency Exception

A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act, a Florida federal court recently ruled.


03.31.22

Federal Agencies Maintain Focus on Robocalls

Both the Federal Communications Commission and the Federal Trade Commission have continued their push to crack down on robocalls in recent weeks, with cease and desist letters, a proposed record-setting fine, and a warning to comply with investigations or face a lawsuit.


12.21.21

Renewing Compliance With Automatic Renewal Laws

As the use of automatic renewal subscriptions continues to increase, four states have recently contributed to the regulatory landscape.


12.17.21

Reassigned Number Database Up and Running

It’s official: The Federal Communications Commission’s reassigned number database, which will hopefully minimize claims brought under the Telephone Consumer Protection Act, is up and running after several years in the making.