A summary of some recent noteworthy district-level decisions applying and interpreting Facebook follows.
U.S. District Court Judge J. Paul Oetken in the Southern District of New York held that a Telephone Consumer Protection Act plaintiff sufficiently alleged facts in order to survive a motion to dismiss on his prerecorded call and Do Not Call Registry claims.
The National Association of Attorneys General shared a commitment to work collaboratively with the Federal Communication Commission in a new letter signed by 41 attorneys general.
The first lawsuits have already been filed pursuant to Florida’s recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability.
Bringing the law into the 21st century, the New York legislature has updated the state’s telemarketing statute to add text messaging.
Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue under the Telephone Consumer Protection Act.
Granting dismissal of a Telephone Consumer Protection Act suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls received by the plaintiff.
Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act suit, finding that the plaintiff failed to sufficiently allege the defendant used an automatic telephone dialing system.
On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws.
Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a TCPA plaintiff’s motion to remand her suit to state court.