Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue under the Telephone Consumer Protection Act.
Granting dismissal of a Telephone Consumer Protection Act suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls received by the plaintiff.
Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act suit, finding that the plaintiff failed to sufficiently allege the defendant used an automatic telephone dialing system.
On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws.
Interpreting the Supreme Court’s ruling in severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in Delaware held that a debt collector could be liable under the statute for claims that arose prior to the Court’s decision.
Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone Consumer Protection Act (TCPA) class action lawsuit.
Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate judge in Oregon.
Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a TCPA plaintiff’s motion to remand her suit to state court.
A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act and yielding $2,000 payments for class members.
The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the FCC in a new filing.