• 08.07.18

    Defendant’s Testimonial Evidence of Obtaining Consent Precludes Class Certification

    In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class certification be denied, relying primarily on evidence showing the defendant ...

  • 08.07.18

    Senators Push FCC for TCPA Protections

    In a letter to Federal Communications Commission (FCC) Chair Ajit Pai, a group of 14 senators urged the agency to adopt “important consumer safeguards” in the wake of the ACA International v. FCC decision.

  • 08.07.18

    Class Certification Granted for ‘Bad/Wrong Number’ Calls

    Providing a lesson in the importance of good recordkeeping, Chief District Judge William P. Johnson of the District of New Mexico granted a plaintiff’s motion for class certification in a putative Telephone Consumer Protection Act (TCPA) class action against two financial services entities, ...

  • 08.07.18

    Questions of Consent and Identity Preclude Summary Judgement

    Finding questions on the issue of consent and the identity of the caller remained, U.S. District Court Judge Robert L. Miller Jr. from the Southern District of Indiana denied a Telephone Consumer Protection Act (TCPA) defendant’s bid for summary judgment in mid-June 2018.

  • 08.07.18

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

    As we have previously reported, the recent 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’s) 2015 automatic telephone dialing system (ATDS) ...

  • 08.02.18

    One District Judge Says Ringless Voicemails Are TCPA ‘Calls’

    A ringless voicemail message (RVM)—technology that allows messages to be left directly on a consumer’s cell phone without requiring the consumer to answer—can be a handy communication tool for any business, but particularly so for financial services companies concerned with ...

  • 07.23.18

    First Ringless Voicemail Message TCPA Decision Sides With Plaintiff

    A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA).

  • 05.31.18

    No Authority No Control Means No Vicarious Liability

    The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...

  • 05.31.18

    Claims Based on TCPA, Not Contract, Means No Arbitration

    Reversing a district court’s order to arbitrate a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Ninth Circuit determined in April 2018 in Rahmany v. T-Mobile USA, Inc. that the plaintiffs’ claims were based on violations of the statute unrelated to ...

  • 05.31.18

    TCPA Action Over Faxed Dinner Invite Thrown Out

    In April 2018, a Connecticut federal court—deciding a case on remand from the U.S. Court of Appeals, Second Circuit—dismissed a Telephone Consumer Protection Act (TCPA) action challenging a faxed dinner invitation in Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, ...

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