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.
The Supreme Court has just made it significantly more difficult for the Federal Trade Commission (FTC) to obtain monetary relief in enforcement actions, terminating a practice the FTC has engaged in for decades to exact monetary recoveries.
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.
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.
The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act, an issue being litigated in the wake of the Barr v. American Association of Political Consultants decision by the Supreme Court last year.
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court.
On July 28, 2020, the Federal Communications Commission (FCC) issued a public notice clarifying its prior guidance regarding the types of COVID-19-related communications that fall within the “emergency purposes” exception to the Telephone Consumer Protection Act (TCPA).