• 12.21.22

    FCC: Ringless Voicemails Are ‘Calls’ for TCPA Purposes

    Though there has been some debate in the courts on this front, the Federal Communications Commission clarified its position in a recent declaratory ruling issued in November 2022, concluding that callers must obtain a consumer’s consent before delivering a so-called “ringless” ...

  • 12.21.22

    Florida Federal Court Sua Sponte Raises Standing Concerns in TCPA Case

    In a victory for a Telephone Consumer Protection Act defendant, a Florida federal court judge sua sponte found that a plaintiff lacked standing to bring the case.

  • 12.21.22

    Chatbot Not a ‘Voice’ for TCPA Purposes, California Federal Court Holds

    A California federal court recently rejected a plaintiff’s contention that text messages from a chatbot fell within the provisions of the Telephone Consumer Protection Act prohibiting unsolicited calls made using an “artificial or prerecorded voice.”

  • 09.23.22

    First FTSA Class Action Settlement Seeks Approval

    What is believed to be the first settlement under Florida’s mini-Telephone Consumer Protection Act law is seeking judicial approval for a payout of more than $2.5 million.

  • 09.23.22

    Texas Court Finds Private Right of Action for Do Not Call Violation

    A federal court in Texas allowed a plaintiff to bring a claim for a defendant’s failure to maintain a do not call list, joining a growing number of jurisdictions to recognize a private right of action for such a claim under the Telephone Consumer Protection Act.

  • 09.23.22

    Michigan Considers Mini-TCPA Law

    Following in the footsteps of Florida, Oklahoma and Washington, Michigan is considering its own state analogue of the Telephone Consumer Protection Act.

  • 05.26.22

    Lack of Patient-Provider Relationship Dooms Health Care Exemption

    Ruling on the health care exemption in the context of phone calls from an eye care provider, the U.S. District Court, Northern District of Illinois recently held that a plaintiff’s Telephone Consumer Protection Act suit survived a motion to dismiss due to a lack of an established ...

  • 05.26.22

    Single RVM Insufficient to Establish Standing for TCPA Suit

    Does the receipt of a single ringless voicemail create federal Article III standing for a Telephone Consumer Protection Act suit?  

  • 12.17.21

    Reassigned Number Database Up and Running

    It’s official: The Federal Communications Commission’s reassigned number database, which will hopefully minimize claims brought under the Telephone Consumer Protection Act, is up and running after several years in the making.

  • 12.17.21

    NY State, Federal Legislation Targets Spoofing

    In legislative news, New York enacted two new telemarketing-related laws while Congress is considering a measure that would double the penalties for illegal caller ID spoofing.

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