• 05.22.19

    Question of ‘Sender’ One for the Jury

    A New York federal court has adopted the multifactor test favored by the U.S. Court of Appeals for the Sixth and Eleventh Circuits to determine whether a defendant is the “sender” of a fax for purposes of Telephone Consumer Protection Act liability.

  • 05.22.19

    Possibility of Vicarious Liability for Lenders in Ninth Circuit

    In another case involving agency liability, the U.S. Court of Appeals for the Ninth Circuit ruled that while the owner of a student debt is not per se liable for violations committed by a loan servicer it engages, it may be liable if an agency relationship exists based on traditional agency ...

  • 05.22.19

    Asserting a Valid Defense Does Not Deprive a Plaintiff of Standing

    Reversing dismissal of a purported class action under the Telephone Consumer Protection Act, the U.S. Court of Appeals for the Seventh Circuit held that an affirmative defense alleged by the defendant must be heard on the merits and that the trial court had erred by ruling the defense deprived the ...

  • 05.01.19

    Fourth Circuit Strikes Blow to Government Debt Collectors With TCPA Constitutionality Ruling

    In striking down a portion of the Telephone Consumer Protection Act (TCPA) as unconstitutional, the Fourth Circuit opened the door for more litigation against debt collectors.

  • 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 ...



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