• 11.28.17

    Seven-Year Junk Fax Litigation Ends in $7M Settlement

    A seven-year-old case involving allegedly illegal faxes may finally be coming to an end after a federal court judge granted preliminary approval to a $7 million deal.

  • 11.28.17

    Calls to VoIP App May Trigger TCPA Liability

    A federal court in Wisconsin held that calls made using Voice over Internet Protocol (VoIP) apps may result in liability under the Telephone Consumer Protection Act (TCPA) where the called party incurs a charge for the call or a deduction of credits from the recipient’s account.

  • 11.28.17

    Consent Questionable in Online Lead Form, Court Rules

    A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear.

  • 11.28.17

    Third Circuit’s Spokeo Decision Applied by Alabama District Court

    The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA) class action pending over 800 miles away in the Northern District ...

  • 10.31.17

    Reassigned Numbers: Commenters Embrace Database, Split on Safe Harbor

    Of the dozens of comments filed in response to the Federal Communications Commission’s (FCC) request on how to handle the problem of reassigned numbers, the majority appeared to support the agency’s plan to establish a central database, although opinions differed on the details.

  • 10.31.17

    Human Intervention Means Program Not ATDS, Illinois Court Rules

    Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant.

  • 10.31.17

    Court Reduces TCPA Damages From $1.6B to $32M

    Finding $32 million to be a more reasonable award than $1.6 billion, a Missouri federal court judge ordered the producers of “Last Ounce of Courage” to pay for phone calls promoting the movie that ran afoul of the Telephone Consumer Protection Act (TCPA).

  • 10.31.17

    Eight-Figure Settlements Continue for TCPA Disputes

    Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement.

  • 10.31.17

    Second Circuit Refuses to Rehear Consent Revocation Case

    In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application.

  • 09.27.17

    A Winner for the Defense

    Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v. Kohl’s, finding that texting a specific opt-in code after viewing a “call to ...

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