Contractual consent provisions are revocable, a Pennsylvania federal district court recently held in a Telephone Consumer Protection Act lawsuit, although it sent the issue of whether the plaintiff effectively revoked his consent to a jury.
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.
In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act—with the goal of complementing the now decades-old TCPA to stem the tide of so-called illegal robocalls.
On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system under the Telephone Consumer Protection Act.
The Seventh Circuit refused to revive a TCPA action against Regions Bank, ruling that the district court properly granted summary judgment in the bank’s favor.
The federal government has waded into a debate on the constitutionality of the Telephone Consumer Protection Act, an issue being litigated in the wake of the Barr v. American Association of Political Consultants decision by the Supreme Court last year.
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court.
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.