Articles: 1-10 of 172

Eleventh Circuit Narrows ATDS Definition

USA - February 6 2020 One area of continued confusion and conflict among courts reviewing TCPA cases has been how each approaches the scope of the statutory definition of…

Draft Reassigned Numbers Database Technical Requirements Unveiled and Awaiting Comments

USA - January 24 2020 The long awaited draft technical requirements for the FCC’s reassigned numbers database was released today. At the time of the adoption of an order…

Million-Dollar Settlement of Billion-Dollar Claim Found Reasonable in Light of Due Process Problems Posed By Disproportionate Damages

USA - January 13 2020 Another court has observed that a billion-dollar aggregate liability under the TCPA likely would violate due process, adopting the Eighth Circuit’s…

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…

Florida Federal Court Stays Putative Class Action to Await Guidance from the FCC and Eleventh Circuit as to What Constitutes an ATDS

USA - January 8 2020 It can fairly be said that the statutory definition of “automatic telephone dialing system” (“ATDS”) has generated far more questions than…

TRACED Act Creates New FCC Implementation Timelines

USA - January 6 2020 As predicted, amendments to the TCPA - in the form of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (the “TRACED…

Legislation Looking Likely on a Number of TCPA “Hot-Button” Issues

USA - December 11 2019 Senate Bill 151, now called “the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act” (the “TRACED Act”), has been…

Briefing in Dish Network’s Petition to the Supreme Court Complete

USA - November 27 2019 Does a “call placed in violation of the Telephone Consumer Protection Act, without any allegation or showing of injury—even that plaintiffs heard the…

Lack of Widespread Harm Traceable to TCPA Violation Requires Decertification of Class Action, Eleventh Circuit Rules

USA - November 25 2019 The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does…

Central District of California Grants Motion for Summary Judgment After Finding That Plaintiff Failed to Revoke Prior Express Consent To Be Called

USA - November 22 2019 The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV…