Newsletters

01.24.18

2017 in Review: Significant TCPA Litigation and Regulatory Developments

Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and litigation.


01.24.18

Clear Evidence of Consent Defeats TCPA Action

Finding “uncontroverted” evidence of consent, a federal district judge from the Eastern District of Michigan granted summary judgment in favor of the defendant in a TCPA action.


01.24.18

Court Rejects Plaintiff’s Efforts to Expand Discovery Beyond Fax

Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received by the plaintiff.


01.24.18

Dinner Invite Fax Could Be an Ad

A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA suit.


01.24.18

Table for Two: Restaurant’s Text Did Not Violate TCPA

A text message related to a transaction initiated by the plaintiff could not violate the TCPA, a California federal court held in dismissing a putative class action.


01.24.18

Verizon Wins Summary Judgment in VoIP Calls Case

A federal district judge in Massachusetts issued a summary judgment ruling in favor of Verizon in a putative TCPA class action that promises to fan the flames in the growing debate over TCPA liability for calls made to numbers assigned to Voice over Internet Protocol (VoIP) services, particularly ...


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 ...


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 ...


07.26.17

Yet Another Blow to Spokeo Strategy in TCPA Cases

Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out World, which had dismissed a putative Telephone Consumer Protection Act (TCPA) class for lack of standing where the plaintiff had ...