• 05.01.19

    Manatt’s Continuing Coverage of Significant Post-ACA International Developments

    One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic telephone dialing system guidance, courts remain split on what ...

  • 03.26.19

    Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

    Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s motion to dismiss in Lackawanna Chiropractic v. Tivity Health ...

  • 03.26.19

    Text Broadcaster May Be Liable Under TCPA, Says Nevada Federal Judge

    In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las Vegas-based theater company that had engaged Twilio’s services, as ...

  • 03.26.19

    Texting Platform Company Defeats Summary Judgment in Texas

    In Franklin v. Upland Software Inc., a federal magistrate judge in Texas denied a summary judgment motion against a texting software platform, finding that the platform could not be held liable under the Telephone Consumer Protection Act (TCPA).

  • 03.26.19

    Caribbean Cruises Away From Class Certification in Illinois Federal Court

    Caribbean Cruise Line—a frequent subject of this newsletter—sailed away from class certification in another putative Telephone Consumer Protection Act (TCPA) class action, successfully persuading a federal judge in the Northern District of Illinois that the plaintiff was an inadequate ...

  • 03.26.19

    Florida Federal Court Denies Defendant’s Motion to Compel Arbitration

    In Ramos v. PF Homestead LLC, a Florida federal court refused to send a Telephone Consumer Protection Act (TCPA) case to arbitration, rejecting the defendant’s attempt to rely on the arbitration provision in a canceled gym membership agreement.

  • 03.26.19

    Manatt’s Continuing Coverage on Significant Post-ACA International Developments

    Months after the ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, courts remain split on ...

  • 12.27.18

    Supreme Court Breaks Back to Weigh In on Agency Deference

    In big Telephone Consumer Protection Act (TCPA) news, the U.S. Supreme Court granted certiorari in a junk fax case brought under the statute.

  • 12.27.18

    Court: Platform Providers, Software Company May Be Liable Under TCPA

    A pair of platform providers and an autodialing software company must face a Telephone Consumer Protection Act (TCPA) lawsuit in West Virginia federal court after the judge determined the defendants could be liable for “knowingly” allowing their products to be used for unlawful purposes.

  • 12.27.18

    Do Not Call Violation Suit Moves Forward Despite Business Use

    An Ohio federal court allowed a plaintiff to pursue a lawsuit based on alleged violations of the National Do Not Call (DNC) Registry—despite the fact that he operated a business from his home and used the number for both personal and work purposes.

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