09.13.23
The Seventh U.S. Circuit Court of Appeals declined to follow Federal Communications Commission guidance when it ruled that faxes offering a “free dinner” did not run afoul of the Telephone Consumer Protection Act.
The failure of a plaintiff in a Telephone Consumer Protection Act action to properly identify the defendant led a New Jersey federal court to dismiss the action with prejudice.
06.06.23
States are continuing their focus on telemarketing, with updates and new laws in Arizona, Florida, Maryland, Mississippi, Tennessee and Washington, and a bill in Georgia waiting on a gubernatorial signature.
A federal court in Missouri granted class certification in a Telephone Consumer Protection Act action that could cost the defendant almost $4 million for allegedly sending unsolicited faxes.
After a jury awarded a Telephone Consumer Protection Act plaintiff $8,500 in damages at trial, the judge declined to treble the award—and instead cut it to $6,500.
04.11.23
It has been busy at the FCC.
Cellphones are not subject to the protections of the federal DNC Registry, a North Carolina magistrate judge has ruled, recommending that a Telephone Consumer Protection Act defendant’s motion to dismiss the suit be granted.
A plaintiff’s Telephone Consumer Protection Act class action claims failed in the face of an established business relationship defense, an Illinois federal court has ruled.
02.28.23
A commercial general liability insurance policy may provide coverage for Telephone Consumer Protection Act class actions, the California Supreme Court has ruled, answering a certified question from the Ninth U.S. Circuit Court of Appeals.
A district court erred when it failed to ascertain the number of telephone calls allegedly received by the plaintiffs in a Telephone Consumer Protection Act class action, the Eleventh U.S. Circuit Court of Appeals determined.