• 05.01.19

    Subway Not Liable for T-Mobile Text, Illinois Court Rules

    Subway avoided liability under the Telephone Consumer Protection Act (TCPA) when an Illinois federal court dismissed the sandwich chain from the action, based on texts from T-Mobile offering its customers a free Subway sandwich.

  • 05.01.19

    Congress Juggles TCPA Bills As TRACED Act Gains Momentum

    Momentum continues to build for Telephone Consumer Protection Act (TCPA) legislation, with several bills pending in Congress and dozens of lawmakers signing on to support the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act.

  • 05.01.19

    Gym Dodges Class Certification in TCPA Suit—Twice

    Finding a lack of typicality, a Florida federal court denied class certification to a plaintiff suing a gym over text messages.

  • 05.01.19

    Informational Fax Not an Ad, Court Rules

    A fax sent by the defendant was “merely informational” and not an unsolicited advertisement, a Pennsylvania federal court has ruled.

  • 05.01.19

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

    One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic telephone dialing system guidance, courts remain split on what ...

  • 03.26.19

    Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

    Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s motion to dismiss in Lackawanna Chiropractic v. Tivity Health ...

  • 03.26.19

    Text Broadcaster May Be Liable Under TCPA, Says Nevada Federal Judge

    In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las Vegas-based theater company that had engaged Twilio’s services, as ...

  • 03.26.19

    Texting Platform Company Defeats Summary Judgment in Texas

    In Franklin v. Upland Software Inc., a federal magistrate judge in Texas denied a summary judgment motion against a texting software platform, finding that the platform could not be held liable under the Telephone Consumer Protection Act (TCPA).

  • 03.26.19

    Caribbean Cruises Away From Class Certification in Illinois Federal Court

    Caribbean Cruise Line—a frequent subject of this newsletter—sailed away from class certification in another putative Telephone Consumer Protection Act (TCPA) class action, successfully persuading a federal judge in the Northern District of Illinois that the plaintiff was an inadequate ...

  • 03.26.19

    Florida Federal Court Denies Defendant’s Motion to Compel Arbitration

    In Ramos v. PF Homestead LLC, a Florida federal court refused to send a Telephone Consumer Protection Act (TCPA) case to arbitration, rejecting the defendant’s attempt to rely on the arbitration provision in a canceled gym membership agreement.