• 04.03.18

    Statutory Damages Are ‘Penalties’ According to the Tenth Circuit

    In Ace American Insurance Co. v. Dish Network, the Tenth Circuit ruled that statutory damages and injunctive relief under the Telephone Consumer Protection Act (TCPA) are uninsurable “penalties” under Colorado law, affirming a district court decision that Dish Network’s insurer ...

  • 04.03.18

    In Case You Missed It: D.C. Circuit TCPA Decision Webinar

    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.

  • 03.19.18

    Top Takeaways From the D.C. Circuit’s Long-Awaited TCPA Decision

    The old adage “good things come to those to wait” showed itself to be true when on Friday, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC, just shy of 17 months after oral argument.

  • 03.09.18

    No Vicarious Liability Without Ratification, Ninth Circuit Rules

    A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S. Court of Appeals for the Ninth Circuit recently ruled.

  • 03.09.18

    Second Circuit Takes Sting out of Flu Shot Suit

    The U.S. Court of Appeals for the Second Circuit ruled that the Healthcare Exception to the TCPA applied to a case involving a healthcare provider that sent a text message with a flu shot reminder to a patient who provided his cellphone number for “treatment” purposes.

  • 03.09.18

    Florida Court: No ATDS, No TCPA Suit

    Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action.

  • 03.09.18

    Too Soon to Dismiss TCPA Action, Court Decides

    A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute.

  • 03.09.18

    FTC Addresses Possible Mechanisms to Address Erroneously Blocked Robocalls

    As anyone familiar with the TCPA well knows, not all “robocalls” are treated equal—some are allowed, some are not, some are restricted to varying degrees and some are stopped before the phone even rings (i.e., they are blocked by carriers/call providers). 

  • 03.09.18

    Consent Revocation a Factual Inquiry Precluding Summary Judgment

    A federal judge in the Middle District of Florida denied cross motions for summary judgment in Patterson v. Ally Financial, Inc., holding that whether the plaintiff effectively revoked consent to receive calls “is a fact-sensitive inquiry” precluding summary judgment in favor of either ...

  • 03.09.18

    Eleventh Circuit’s Decision on Partial Revocation Stands

    The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case.

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