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Court Holds Web-Based Texting Platform is Not an ATDS Because of Need for Human Intervention

USA - October 8 2018 A federal district court in the Southern District of Florida joined a list of courts that have found a web-based text messaging platform to fall...

Matthew J. Fedor.


Another District Court Rejects FCC Prior Orders on ATDS in Light of ACA International

USA - September 14 2018 One of the central issues before the D.C. Circuit in ACA International v. FCC was whether the FCC’s vague and expansive definition of an ATDS would...

Justin O. Kay.


First Circuit Deems Hyperlink Inconspicuous, Reverses Order Compelling Arbitration

USA - August 9 2018 The First Circuit recently reversed an order compelling arbitration in a putative class action, and in doing so found that Uber could not enforce its...

Michael P. Daly.


TCPA Defendant Allowed to Seek Indemnification from Plaintiff’s Daughter, the Intended Recipient of its Debt-Related Calls

USA - June 27 2018 One of the central issues that was before the D.C. Circuit in ACA International v. FCC was whether the term “called party” refers to the intended or...

Sheldon Eisenberg.


A Call for Change: D.C. Circuit Dials Back FCC’s 2015 TCPA Ruling

USA - March 29 2018 Now that the U.S. Court of Appeals for the District of Columbia has issued its long-awaited decision in ACA Int’l v. FCC, courts and litigants must...

Anthony D. Glosson, Justin O. Kay, Marsha J. Indych, Michael P. Daly, Laura H. Phillips, Bradley J. Andreozzi, Matthew J. Adler.