Newsletters

10.27.21

Seventh Circuit Moves Vicarious Liability Claims Forward

Reversing dismissal, the U.S. Court of Appeals, Seventh Circuit found that a plaintiff had sufficiently pled allegations of vicarious liability to keep his TCPA suit alive.


10.27.21

NC Federal Court Permits Suit Based on FCC Internal DNC Registry Violation

Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call regulations of the Federal Communications Commission triggered liability under the Telephone Consumer Protection Act.  


09.23.21

Suits Already Filed Under Updated Florida Laws

The first lawsuits have already been filed pursuant to Florida’s recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability.


09.23.21

New York Adds Text Messaging to Telemarketing Law

Bringing the law into the 21st century, the New York legislature has updated the state’s telemarketing statute to add text messaging.


08.19.21

Due Process Concerns Prevent TCPA Damages, Despite Barr, Says Colorado Federal Court

In the latest post-Barr development, a federal district court in Colorado held that the government-backed debt exception was always invalid, but found that due process concerns prevented enforcement of the Telephone Consumer Protection Act lawsuit against the defendant.


08.19.21

FCC Adopts Rules for Private Entities to Report Robocall Violations

The Federal Communications Commission has adopted new rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, providing guidance on how “private entities” can report robocall violations.


08.19.21

Revocation of Consent Question Sent to Jury in Pennsylvania

Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act lawsuit, although it sent the issue of whether the plaintiff effectively revoked his consent to a jury.


07.14.21

Third, Fifth Circuits Weigh In on Standing—With Different Results

Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue under the Telephone Consumer Protection Act.  


07.14.21

Plaintiff’s Agency Claims Insufficient, Resulting in Dismissal

Granting dismissal of a Telephone Consumer Protection Act suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls received by the plaintiff.


07.14.21

Applying Facebook, Court Tosses Suit Over ATDS Allegations

Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act suit, finding that the plaintiff failed to sufficiently allege the defendant used an automatic telephone dialing system.