• 09.30.19

    FCC Bans Text Message, International Spoofing

    Closing “a loophole in the law,” the Federal Communications Commission (FCC) adopted new rules banning caller ID “spoofing”—i.e., using a “fake” caller ID number— for text messages and foreign calls.

  • 09.30.19

    Oklahoma Federal Court Sides With Plaintiff’s Vicarious Liability TCPA Claim

    An Oklahoma federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) plaintiff on vicarious liability issues, ruling that the defendant was liable for telemarketing calls made by a sales lead generator on its behalf.

  • 09.30.19

    Tainted Beef Definitely an Emergency, California Federal Court Rules

    Prerecorded calls made to warn consumers about tainted beef qualified for the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA), a California federal court recently ruled.

  • 09.30.19

    TCPA Class Certification Bid Fails for Individualized Issues, Rules New York Federal Court

    The need for individualized inquiries defeated the plaintiffs’ motion for class certification in a “wrong number” case in New York federal court.

  • 09.30.19

    Defendants Score With Two Recent Article III Standing Victories

    In a pair of cases from the U.S. Court of Appeals, Eleventh Circuit, and a federal district court in California, defendants were successful in getting Telephone Consumer Protection Act (TCPA) suits dismissed for lack of standing under Article III of the U.S. Constitution.

  • 09.30.19

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

    While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA after the D.C. Circuit’s almost two-year-old landmark decision in ...

  • 08.29.19

    Ninth Circuit Doubles Down on Duguid

    Doubling down on its recent decision in Duguid v. Facebook, the U.S. Court of Appeals for the Ninth Circuit reiterated in an unpublished memorandum that the exception for government debt to the Telephone Consumer Protection Act (TCPA) is unconstitutional.

  • 08.29.19

    House Passes Another TCPA Bill

    By an overwhelming vote of 429 to 3, the House of Representatives passed the Stopping Bad Robocalls Act, sending the bill to the Senate for consideration.

  • 08.29.19

    Individualized Issues Defeat Class Certification in Illinois

    A Telephone Consumer Protection Act (TCPA) defendant was able to overcome the plaintiff’s attempt to certify a nationwide class by demonstrating the need for individualized analysis in a decision from an Illinois federal court.

  • 08.29.19

    Stakeholders Weigh In on Call Blocking

    In response to the Federal Communications Commission’s (FCC) adoption of a new rule requiring carriers to block robocalls—and accompanying request for comment—stakeholders urged the agency to be flexible in its adoption of the changes and provide broad coverage under the safe ...