The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more
On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more
2/5/2025
/ Appeals ,
Consent ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Reform ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more
8/1/2023
/ Auto-Dialed Calls ,
Burden of Proof ,
Class Action ,
Class Certification ,
Class Representatives ,
Consent ,
Defense Strategies ,
Do Not Call List ,
Putative Class Actions ,
TCPA ,
Telemarketing
In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more
On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking...more
4/12/2023
/ Comment Period ,
Consent ,
FCC ,
Final Rules ,
Lead Generators ,
Mobile Devices ,
NPRM ,
Prior Express Consent ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Wireless Internet Service Providers
It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more
6/30/2021
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
TCPA ,
Telemarketing ,
Text Messages
At the time this is published, all the rage in the TCPA realm right now is talking about the Supreme Court’s recent decision in Facebook. And it was clearly a critical and much needed decision....more
With all the talk of the Supreme Court’s decision in AAPC, it’s upcoming decision in Facebook, and all the other currently hot items-of-the-year in TCPA litigation (Creasy, etc.), it can be easy to skip past decisions that...more
Ringless Voicemail (“RVM”), also known as direct-to-voicemail, is a growing telecommunications technology that allows telemarketers and businesses to “drop” voicemails directly into a consumer’s telephone voicemail. To do so,...more
In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the...more
CLEVELAND, OH – February 25, 2014 –Benesch achieved a significant victory for DISH Network L.L.C. when the Federal District Court in Denver, Colorado issued an order and an opinion denying the Plaintiff’s Motion for Class...more