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Second Circuit Rules That a Flu Shot Reminder Text Massage Does Not Violate the TCPA

USA - January 8 2018 We have previously discussed the FCC’s 2012 TCPA exception for automated calls that deliver a “health care message” (the “2012 Health Care Exception”)...

William A. Wright.


Court Finds Lawsuit Based on “Ruse,” Orders Plaintiff to Show Cause

USA - January 5 2018 A recent ruling from the Southern District of Ohio reveals the lengths to which some plaintiffs will go to manufacture TCPA claims - and how some...

John S. Yi.


Missouri District Court Rules that App Developer Is Not Subject to Personal Jurisdiction Based on App Users’ Contacts with the Forum

USA - November 7 2017 A recent ruling from the Eastern District of Missouri provides encouraging news for app developers who may be sued under the TCPA for messages sent by...

Matthew J. Adler.


Promotion of Company’s Product on a Prohibited Fax Advertisement Held Insufficient to Sue the Company as the “Sender” Under the TCPA

USA - August 4 2017 The Eastern District of Michigan recently rejected an expansive interpretation of “sender” liability for unsolicited fax advertisements alleged to...

Victoria L. Andrews.


Rite Aid Wins Summary Judgment in TCPA Class Action Over Flu Shot Reminder Calls

USA - April 24 2017 A New York U.S. District Court Judge granted summary judgment in favor of defendant Rite Aid Headquarters Corp. in a putative TCPA class action...

Justin O. Kay, Melanie M. Barnes.