Newsletters

07.28.22

D.C. Circuit Upholds FCC Order Keeping Commercial Non-Telemarketing Exemption

The D.C. Circuit Court of Appeals rejected a challenge to the Federal Communications Commission’s (FCC) commercial non-telemarketing call exemption, upholding the agency’s December 2020 order maintaining the exemption and establishing specific requirements as mandated by the ...


07.28.22

Court Bets on Defendant in Gambling Text Dispute on DNC Grounds, but Holds Door Open for ATDS Claims

Texts purportedly designed to “promote gambling” do not constitute marketing or advertising for purposes of the Telephone Consumer Protection Act (TCPA), an Alabama federal court has ruled.


06.30.22

Plaintiff’s Cellphone Qualifies as Residential Telephone

U.S. District Court Judge J. Paul Oetken in the Southern District of New York held that a Telephone Consumer Protection Act plaintiff sufficiently alleged facts in order to survive a motion to dismiss on his prerecorded call and Do Not Call Registry claims.


06.30.22

AGs Commit to Fight Robocalls With FCC

The National Association of Attorneys General shared a commitment to work collaboratively with the Federal Communication Commission in a new letter signed by 41 attorneys general.


05.26.22

What You Need to Know About Washington’s and Oklahoma’s New Mini-TCPA Laws

Washington state passed a new mini-TCPA law which will go into effect June 9, 2022, as well as Oklahoma which will go into effect November 1, 2022.


05.26.22

Lack of Patient-Provider Relationship Dooms Health Care Exemption

Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act suit survived a motion to dismiss due to a lack of an established ...


05.26.22

Single RVM Insufficient to Establish Standing for TCPA Suit

Does the receipt of a single ringless voicemail create federal Article III standing for a Telephone Consumer Protection Act suit?  


05.26.22

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative TCPA class action.


04.21.22

C.D. Cal. Court Denies Class Certification Where Employee Entered Wrong Digit

A California federal court refused to certify a putative Telephone Consumer Protection Act class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member’s phone number was entered into the system incorrectly.


04.21.22

Texas Court Finds COVID Message Meets Emergency Purposes Exception

Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection Act’s consent requirement.