• 10.04.18

    Individual Issues Resulting From Oral Consent Ends Certification Effort

    Where the defendant in a Telephone Consumer Protection Act (TCPA) case told a judge in the U.S. District Court, Eastern District of Pennsylvania that consent to receive faxed ads was provided orally, individual issues will predominate and preclude class certification, the court ruled.

  • 10.04.18

    He Said, She Said: Struggles With Couple’s TCPA Consent Issues

    Although a federal judge in the Northern District of Ohio found that a husband provided consent for his wife to be contacted on her cellphone, the judge also rejected the idea that the plaintiff contractually waived his right to revoke consent under the Telephone Consumer Protection Act (TCPA), ...

  • 10.04.18

    Manatt’s Continuing Coverage of 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) 2015 automatic telephone dialing system (ATDS) ...

  • 09.27.18

    Major Data Breach Settlement Between Uber and State AGs

    In one of the largest privacy settlements to date, the attorneys general from 50 states and the District of Columbia secured a $148 million settlement from their investigation into a November 2016 hack of driver data from Uber.

  • 09.25.18

    New Webinar: How Can You Protect Your Organization From TCPA Litigation?

    Learn the Answer at Manatt’s New Webinar, “Telephone, Texts and the TCPA: Everything Healthcare Organizations Need to Know.”

  • 09.24.18

    Special Alert: Ninth Circuit Rules on ACA International

    As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision earlier this year, in which the D.C. Circuit set aside the Federal ...

  • 09.13.18

    Sixth Circuit: Death, Taxes and TCPA Claims

    A Telephone Consumer Protection Act (TCPA) claim survives the death of the plaintiff, the U.S. Court of Appeals, Sixth Circuit has ruled, declaring the statute is “remedial” in nature and not penal.

  • 08.30.18

    Illinois Court Severs Nonresidents From TCPA Class

    The Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California continues to pay dividends for Telephone Consumer Protection Act (TCPA) defendants, as another Illinois federal court agreed that the opinion prevented it from certifying a nationwide class of ...

  • 08.30.18

    Sixth Circuit: Death, Taxes and TCPA Claims

    A Telephone Consumer Protection Act (TCPA) claim survives the death of the plaintiff, the U.S. Court of Appeals, Sixth Circuit has ruled, declaring the statute is “remedial” in nature and not penal.

  • 08.30.18

    Eleventh Circuit Refuses to Bind Nonsignatory to Arbitration Agreement

    A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA).