• 11.21.14

    Ruling on ATDS Capability, California Court Dismisses TCPA Suit

    Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system is an automatic telephone dialing system pursuant to the Telephone Consumer Protection Act (TCPA), a California federal court ...

  • 10.22.14

    9th Circuit Affirms Vicarious Liability–For Anybody–Under TCPA

    In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for violations of the statute made by a third party – even where the violator was not the advertiser of the product.

  • 09.22.14

    Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead

    One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules.

  • 08.18.14

    Capital One Sets Record With $75M TCPA Deal

    In what is believed to be the largest Telephone Consumer Protection Act (TCPA) settlement on record, Capital One Bank, related companies, and their third-party collection vendors reached a $75 million deal to settle suits on behalf of a class of customers who received calls at over 21 million ...

  • 07.16.14

    Donna Wilson Invited to Speak on TCPA Developments

    On July 25, 2014, Manatt litigation partner Donna Wilson will speak at a session titled “All About the Telephone Consumer Protection Act” during Bridgeport Continuing Education’s Advertising, Marketing & Media Law: Litigation & Best Practices Seminar.

  • 06.16.14

    TCPA Suit Based On Texts Unrelated To Promotion

    Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts.

  • 05.15.14

    New TCPA Class Action Doesn’t Want to Make Friends

    Ride-sharing company Lyft is facing a putative class action suit for allegedly violating the TCPA by encouraging users to invite their friends to join the service.

  • 04.15.14

    Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability

    Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court judge in Pennsylvania held that the company did not violate the statute by sending text messages to an unintended recipient via an Automatic Telephone Dialing System (“ATDS”).

  • 03.17.14

    FCC Seeks Comment on TCPA Liability When Phone Numbers Switch Hands

    What happens when a company with prior express consent to call a consumer’s mobile phone contacts that number only to find that it now belongs to someone else?

  • 02.19.14

    District Court Finds Consent a Valid Defense to TCPA Claims

    The issue of prior consent, and when and if such consent was provided by a consumer before an autodialed call or text is placed, has been hotly contested in Telephone Consumer Protection Act (“TCPA”) cases throughout the country.



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