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Articles: 1-10 of 106

Two New Putative TCPA Class Actions Filed Against Political Campaigns

USA - October 23 2018 On Tuesday last week, we noted that as we approach the November 2018 midterm elections, we expect to see an uptick in the number of TCPA lawsuits…

Continued Confusion Concerning Whether Professional Plaintiffs Have Standing

USA - October 17 2018 Two courts recently examined whether professional plaintiffs had standing to assert TCPA claims. Their decisions betray a continuing confusion…

Nasty Political Campaign Results In Potential Liability For VoIP Providers But Not Voice Actors

USA - October 16 2018 As we approach the November 2018 midterm elections, we expect that we will once again see (i) an uptick in the volume of political calls; (ii) a…

Mind the Details: Defendant Observes that Key FCC Order Never Took Effect; Wins Judgment on Pleadings

USA - October 11 2018 A new case out of Indiana, Sanford v. Navient Solutions, LLC, 2018 WL 4699890 (S.D. IN Oct. 01, 2018), underscores the importance of delving into the…

Defendant in Marks v. Crunch San Diego, LLC Asks Ninth Circuit for Rehearing En Banc

USA - October 8 2018 As we previously reported here, the court in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018) recently expanded…

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…

FCC Seeks Further Comment on the Definition of an ATDS Following the Ninth Circuit’s Decision in Marks v. Crunch San Diego, LLC

USA - October 5 2018 On October 3, 2018, the FCC issued a Public Notice requesting further comment on “what constitutes an automatic telephone dialing system” under the…

District Court Holds Article III Standing Allegation Not Required to Remove

USA - September 27 2018 As we have frequently discussed, Article III standing is a recurring issue in TCPA cases. The Southern District of Florida recently added to the…

TCPA Claims Still Uncertain (Although Death and Taxes Remain So)

USA - September 26 2018 We previously discussed Hannabury v. Hilton Grand Vacation Co., LLC, a 2016 decision from the Western District of New York that held that TCPA claims…

Ninth Circuit Expands the Definition of an ATDS

USA - September 20 2018 The very first clause in the TCPA is the definition of an Automatic Telephone Dialing System, which the statute defines as “equipment which has the…