• 05.22.18

    Special Alert: FCC Notice on ACA International

    As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of “automatic telephone dialing system” (ATDS or autodialer) and ...

  • 05.10.18

    Seventh Circuit Reverses Grant of Summary Judgment as Premature

    Reversing dismissal of a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Seventh Circuit ruled that a plaintiff should have been afforded the opportunity to conduct discovery before his claim was tossed out on summary judgment.

  • 05.10.18

    Nonprofit’s Texts Within Plaintiff’s Scope of Consent

    Texts sent on behalf of a nonprofit organization with tips about how to respond to a cardiac arrest event were within the category of messages the plaintiff consented to receive, a Louisiana federal court said, dismissing her putative class action.

  • 05.10.18

    Court Grants Class Certification—but Only for In-State Residents

    A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue.

  • 05.10.18

    Verification Fax Found to Be Advertising

    Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)?

  • 05.10.18

    Fourth Circuit: No Ratification, No Vicarious Liability

    The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting their products.

  • 05.10.18

    With Craigslist Ad, Plaintiff Provided Consent for Contact

    A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida has ruled.

  • 05.10.18

    Health Insurance Quality Assurance Included Doctor Visits

    By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the defendant.

  • 05.10.18

    Defendant’s Revocation Method Was Reasonable, Ending Suit

    Edible Arrangements did not run afoul of the Telephone Consumer Protection Act (TCPA) by making it unreasonably hard for text recipients to revoke their consent, a New Jersey federal court has ruled.

  • 05.10.18

    New York Court Finds Coverage for TCPA Claims

    A New York federal district court recently held that US Coachways, a bus charter broker, was entitled to coverage under its professional liability policy for the costs paid to settle a TCPA class action arising from the broker’s  advertising of its bus charters.



pursuant to New York DR 2-101(f)

© 2024 Manatt, Phelps & Phillips, LLP.

All rights reserved