• 02.27.20

    Court Tips Hat on Damages, Due Process Concerns

    As part of its consideration of the parties’ request for preliminary approval of their settlement agreement of a Telephone Consumer Protection Act (TCPA) class action, a California federal court signaled that an award of full statutory damages would not survive due process considerations.

  • 02.27.20

    Texas Court Moves TCPA Claims Against Individuals Forward

    Individual defendants continue to face personal liability pursuant to the Telephone Consumer Protection Act (TCPA), with a Texas federal court allowing claims against two individuals to move forward despite their motions to dismiss.

  • 02.27.20

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

    The circuit split fueling uncertainty over the proper definition of an automatic telephone dialing system (ATDS) deepened this week as the U.S. Court of Appeals, Seventh Circuit, weighed in on the issue.

  • 01.30.20

    Eleventh Circuit Reverses Class Cert, Citing Uninjured Class Members

    Vacating a class certification order, the U.S. Court of Appeals, Eleventh Circuit, held that unnamed members of the putative class who did not ask the defendant to stop calling them were not injured by the defendant’s failure to maintain an internal do-not-call list and thus did not have ...

  • 01.30.20

    TCPA Doesn’t Cover Online Fax Services, FCC Rules

    Unsolicited advertisements sent by fax to online fax services are not covered by the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has ruled.  

  • 01.30.20

    $61M Verdict Will Stand, Supreme Court Denies Cert

    The record-breaking $61 million verdict against Dish Network will stand after the Supreme Court denied the company’s writ of certiorari in December 2019.

  • 01.30.20

    New York Enacts Tougher Telemarketing Law

    Businesses in New York will face a tougher law with steeper penalties for telemarketing activities as of March 1, 2020.  

  • 01.30.20

    TRACED Act Becomes Law

    As expected, President Donald Trump signed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act into law on December 30, 2019.

  • 01.30.20

    California Court Hangs Up On Vicarious Liability Claims

    A California court tossed a Telephone Consumer Protection Act (TCPA) action seeking to hold the defendant liable for calls made by a lead generator.

  • 01.30.20

    TCPA Constitutionality Battle Wages On

    In a Report and Recommendation denying a motion to dismiss violations of the Telephone Consumer Protection Act’s (TCPA) automatic telephone dialing system (ATDS) provision, a Florida federal court fueled the battle over the TCPA’s constitutionality by agreeing with other federal ...

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