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Divided Third Circuit Panel Holds that Offers to Buy Can Qualify as “Advertisements” Under the TCPA

USA - July 6 2020 A divided panel of the Third Circuit Court of Appeals recently reversed the dismissal of TCPA claims, finding that the faxes at issue were…

Kevin H. DeMaio

FCC Issues Declaratory Ruling Regarding Whether P2P Text Messaging Platforms Are Autodialers

USA - June 30 2020 On June 25, 2020, the FCC issued a that granted a Petition that had been filed in 2018 by the P2P Alliance—a “coalition of providers and users of…

Matthew J. Adler

Court Enters Summary Judgment Against Plaintiff, Finds No Triable Issues Regarding Revocation of Consent

USA - June 10 2020 The plaintiff in applied for a credit card and listed his cell phone number on the application. at *1. He developed terminal cancer in 2018 and failed…

Matthew M. Morrissey

D.C. High Court Holds that Businesses Do Not Face Strict Liability for Junk Faxes Advertising Their Products, Agency Principles Apply

USA - April 16 2020 FDS Restaurant, Inc. v. All Plumbing, Inc., No. 16-CV-1009, 2020 WL 1465919 (D.C. Mar. 26, 2020) In a recent TCPA junk-fax case, the District of…

Anthony F. Jankoski

Supreme Court Agrees To Review The Constitutionality of the TCPA

USA - January 10 2020 Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no…