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Alleged Oversight and Monitoring of a Messaging Campaign Deemed Inadequate to Establish Agency

USA - July 20 2020 Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on…

Qiusi Y. Newcom.

FCC Affirms that Health Plans and Providers Cannot Offer Post-Call Opt-Out in Lieu of “Prior Express Consent”

USA - July 1 2020 The FCC’s Consumer and Governmental Affairs Bureau last week issued a declaratory ruling resolving a long-pending Petition on the question of whether…

Laura H. Phillips, Qiusi Y. Newcom.

Taking Side on Circuit-Splitting Issue, Texas District Court Holds that Facebook Promotional Texts Were Not Sent Using ATDS

USA - May 28 2020 The Western District of Texas recently dismissed with prejudice a TCPA suit against Facebook brought by Colin Suttles, an individual who claimed he…

Anthony F. Jankoski.

District of New Jersey Adopts Narrow ATDS Definition as Circuit Split Grows; Supreme Court Clarification Required

USA - May 7 2020 As readers of this blog know, a robust Circuit split has developed regarding the meaning of an ATDS. The Second and Ninth Circuits have taken one…

Vijayasri G. Aryama.

Seventh Circuit Remands $280 Million TCPA Penalty Against DISH Network, LLC

USA - April 6 2020 The Seventh Circuit recently issued an opinion with significant implications for defendants evaluating the prospects for due process challenges to…

Matthew M. Morrissey.