• 05.31.18

    Executive off the Hook in $22M TCPA Action

    In City Select Auto Sales, Inc. v. David Randall Associates, Inc. et al., the U.S. Court of Appeals, Third Circuit has affirmed an opinion from the U.S. District Court, District of New Jersey that a corporate executive was not liable under the Telephone Consumer Protection Act (TCPA) for allegedly ...

  • 05.31.18

    Car Sales Website Did Not ‘Send’ Text Messages

    Granting summary judgment in favor of the defendant in Serban v. CarGurus, Inc., Judge Saral Ellis from the U.S. District Court, Northern District of Illinois ruled in March 2018 that a car sales website was not liable under the Telephone Consumer Protection Act (TCPA) for a text message sent to ...

  • 05.31.18

    Recent Developments After ACA International v. FCC (May 2018)

    As we previously reported, the D.C. Circuit issued its long-awaited decision in the ACA International case earlier this year, which was quickly followed by a Federal Communications Commission (FCC) public notice (Notice) seeking comments so as to define an automatic telephone dialing system (ATDS), ...

  • 05.22.18

    Special Alert: FCC Notice on ACA International

    As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of “automatic telephone dialing system” (ATDS or autodialer) and ...

  • 04.03.18

    With Evidence of Possible Consent, Yahoo Scores Class Decertification

    An Illinois federal district judge handed Yahoo a rare defense victory when it decertified the class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit involving text messages sent from a user messaging platform based on evidence obtained from a phone carrier during the class ...

  • 04.03.18

    FCC Wants More Input on Reassigned Numbers

    What should the Federal Communications Commission (FCC) do about reassigned numbers in the Telephone Consumer Protection Act (TCPA) context?

  • 04.03.18

    Second Circuit Affirms Exception for Flu Shot Reminder

    Doubling down on the healthcare exception to the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit ruled that Rite Aid was not liable for flu shot reminder calls.

  • 04.03.18

    California Federal Court: Plaintiff’s Complaint Revokes Consent

    In an interesting decision, a judge in the Northern District of California held that the service of a Telephone Consumer Protection Act (TCPA) complaint operates as a revocation of consent to receive phone calls from the defendant.

  • 04.03.18

    Hot Topic Left in the Cold Over Inconclusive Consent Records

    In February 2018, a judge in the Central District of California denied Hot Topic’s motion for summary judgment in a putative Telephone Consumer Protection Act class action stemming from text messages the retailer sent. 

  • 04.03.18

    Fourth Circuit: Lower Courts Must Follow FCC’s TCPA Interpretations

    In a recent ruling, the Fourth Circuit has followed its sister circuits in holding that district courts must follow the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA).

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