09.13.23
A summary of some recent noteworthy district-level decisions applying and interpreting Facebook follows.
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
In a victory for parties seeking to compel arbitration, the U.S. Supreme Court held that a district court must stay the proceedings when a party seeks interlocutory appeal of an order denying a motion to compel arbitration.
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 ...
A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements.
On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became effective.
The state telemarketing law amendment trend continues.
