• 02.14.19

    Gym Wins Dismissal After Court Finds Texts Informational

    A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit.

  • 02.14.19

    Text Messages Part of Ongoing Business Transaction, California Court Rules

    Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California federal court has ruled.

  • 02.14.19

    Plaintiff’s Attempt at Tolling Doctrine Falls Short in Third Circuit

    The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005.

  • 02.14.19

    Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

    Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of Civil Procedure 67 does not moot the action.

  • 02.14.19

    Manatt’s Continuing Coverage on Significant Post-ACA International Developments

    Nearly a year after the D.C. Circuit’s ACA International decision changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, courts still ...

  • 01.03.19

    Special Alert: FCC Announces Reassigned Numbers Database

    In case you missed it as you wrapped up the end of the year, on December 12, 2018, the Federal Communications Commission “[took] another important action to curb the tide of unwanted telephone calls by addressing calls to reassigned phone numbers” when it officially adopted the ...

  • 12.27.18

    Supreme Court Breaks Back to Weigh In on Agency Deference

    In big Telephone Consumer Protection Act (TCPA) news, the U.S. Supreme Court granted certiorari in a junk fax case brought under the statute.

  • 12.27.18

    Court: Platform Providers, Software Company May Be Liable Under TCPA

    A pair of platform providers and an autodialing software company must face a Telephone Consumer Protection Act (TCPA) lawsuit in West Virginia federal court after the judge determined the defendants could be liable for “knowingly” allowing their products to be used for unlawful purposes.

  • 12.27.18

    Do Not Call Violation Suit Moves Forward Despite Business Use

    An Ohio federal court allowed a plaintiff to pursue a lawsuit based on alleged violations of the National Do Not Call (DNC) Registry—despite the fact that he operated a business from his home and used the number for both personal and work purposes.

  • 12.27.18

    Trend Continues With Courts Striking Out-of-State Class Members

    A recent decision from the U.S. Supreme Court continues to work in favor of Telephone Consumer Protection Act (TCPA) defendants, with an Illinois federal court judge striking the plaintiff’s class definition with regard to members outside the state.



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