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Independent Contractor vs. Agent under the TCPA

USA - August 18 2017 The Ninth Circuit Court of Appeals went back to the basics in addressing whether a telemarketing vendor acted as defendant’s authorized agent for...

Michael J. Stortz, Marshall L. Baker, Matthew M. Morrissey.

D.C. Circuit Denies Petition for Rehearing En Banc in Appeal of Solicited Fax Rule

USA - June 6 2017 As we predicted, the D.C. Circuit today denied the plaintiff’s petition for a rehearing en banc of the panel decision striking down the FCC’s...

Plaintiff Intervenor Petitioners Challenge Majority Opinion in Bais Yaakov, Fail to Address Standing to Do So

USA - May 2 2017 As we’ve previously reported, on March 31, the DC Circuit issued a 2-1 opinion in the Bais Yaakov appeal holding that “the FCC’s 2006 Solicited Fax...

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...

Bradley J. Andreozzi, Melanie M. Barnes.

Are Insurance Renewal Notifications Telemarketing? Maybe.

USA - April 17 2017 As discussed here, the Central District of California recently granted summary judgment in favor of an insurance company after finding that a...

Matthew J. Adler, Sheldon Eisenberg.