• 02.14.19

    Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

    Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of Civil Procedure 67 does not moot the action.

  • 01.03.19

    Special Alert: FCC Announces Reassigned Numbers Database

    In case you missed it as you wrapped up the end of the year, on December 12, 2018, the Federal Communications Commission “[took] another important action to curb the tide of unwanted telephone calls by addressing calls to reassigned phone numbers” when it officially adopted the ...

  • 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.

  • 12.27.18

    Trend Continues With Courts Striking Out-of-State Class Members

    A recent decision from the U.S. Supreme Court continues to work in favor of Telephone Consumer Protection Act (TCPA) defendants, with an Illinois federal court judge striking the plaintiff’s class definition with regard to members outside the state.

  • 12.27.18

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

    As we have previously reported, 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.

  • 11.15.18

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

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

  • 11.15.18

    Court Denies Class Certification Over Questions of Consent

    An Illinois federal court judge denied class certification in a Telephone Consumer Protection Act (TCPA) lawsuit against Citigroup after the defendant successfully argued that individual issues would predominate.

  • 11.15.18

    Canceling Insurance Policy Doesn’t Revoke Consent

    Canceling an insurance policy alone was insufficient to revoke the consent of a married couple to receive calls from their former insurance company, an Indiana federal court recently ruled.