Newsletters

08.07.18

Class Certification Granted for ‘Bad/Wrong Number’ Calls

Providing a lesson in the importance of good recordkeeping, Chief District Judge William P. Johnson of the District of New Mexico granted a plaintiff’s motion for class certification in a putative Telephone Consumer Protection Act (TCPA) class action against two financial services entities, ...


08.07.18

Questions of Consent and Identity Preclude Summary Judgement

Finding questions on the issue of consent and the identity of the caller remained, U.S. District Court Judge Robert L. Miller Jr. from the Southern District of Indiana denied a Telephone Consumer Protection Act (TCPA) defendant’s bid for summary judgment in mid-June 2018.


08.07.18

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

As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) ...


07.23.18

First Ringless Voicemail Message TCPA Decision Sides With Plaintiff

A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA).


07.09.18

FCC’s Record $120M Spoofing Forfeiture Final

The Federal Communications Commission (FCC or Commission) finalized its proposed $120 million fine against a “neighborhood spoofer” the agency said made more than 96 million calls to sell timeshares and other vacation packages.


07.09.18

Policy Exclusions Eliminate Coverage for TCPA Lawsuit

Providing a warning about the limits of insurance coverage, a New York federal court sided with an insurer to hold that two exclusions in a policy precluded coverage for a Telephone Consumer Protection Act (TCPA) class action.


07.09.18

Sixth Circuit Dismisses Defendants in Ruling on Fax ‘Senders’

The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class action filed against the defendants.


07.09.18

Oral Revocation of Consent Insufficient Where Contract Required Writing

Where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed, according to an Ohio federal court.


07.09.18

Jury to Decide Issues of Revocation, California Court Rules

Multiple accounts and the question of spousal revocation kept a Telephone Consumer Protection Act (TCPA) action alive in California federal court when the court denied cross motions for summary judgment in the suit.


07.09.18

Consent Limited by ‘Transactional Context’

Consent is defined by the “transactional context,” a California federal court explained when recently denying summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after it sent texts unrelated to the reason the plaintiff provided his phone number.