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FTSA Dismissal Decisions Update: One Win, One New Loss

​​​​​​​Last week, courts issued two new Florida Telephone Solicitation Act (FTSA) decisions. We’ve been covering the sprawl of FTSA cases filed since the statute was amended to allow for a private cause of action in July...more

How a Recent FACTA Decision Impacts the Florida Telephone Solicitation Act's Standing Analysis

Several years ago, in Salcedo v. Hanna, the Eleventh Circuit held that the receipt of a single allegedly unsolicited, autodialed text message was not a concrete enough injury-in-fact to establish Article III standing for a...more

Washington State and New York Join the State Telemarketing Law Amendment Fray

As readers of this blog know, several states recently amended (or attempted to amend) their telemarketing laws, especially as they relate to regulating autodialers. While they don’t affect autodialing, telemarketers should...more

New Oklahoma Telephone Solicitation Act Is Not OK - But It Does Contain an Important Exemption

Late last week, Oklahoma Governor Kevin Stitt signed the state’s Telephone Solicitation Act of 2022 (OTSA) into law. A couple of months ago, as the legislation was working its way through the Oklahoma state legislature,...more

Did a Prolific TCPA Plaintiffs’ Attorney Just Argue That the Statute Does Not Regulate Text Messaging? The Hearing Transcript Says...

For years, the plaintiffs’ bar has been filing Telephone Consumer Protection Act (TCPA) class actions alleging the receipt of unsolicited, autodialed text messages. But the TCPA’s autodialer prohibition explicitly refers to...more

Oklahoma Proposed Autodialer Legislation Would Cause Litigation to Come Sweepin’ Down the Plain

Musical Theater was one of my favorite elective courses in high school, probably because a fair amount of the curriculum involved watching musicals on television. (Kids today will never feel the absolute exuberation from...more

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