The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more
7/31/2025
/ ATDS ,
Damages ,
Dismissals ,
Do Not Call List ,
Enforcement Actions ,
Failure To State A Claim ,
Litigation Strategies ,
Motion to Dismiss ,
Pleading Standards ,
Private Right of Action ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Text Messages
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA)....more
In 2024, plaintiff Vicki Coffey allegedly received “numerous telephone calls and text messages . . . seeking to solicit Plaintiff to sell her home . . . .” The first, for example, asked, “Have you given up on selling your . ....more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover two...more
With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more
As we previously reported, at the eleventh hour, the Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) much-anticipated one-to-one consent rule in Insurance Marketing Coalition...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we discuss the...more
2/3/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Enforcement Actions ,
Executive Orders ,
FCC ,
Robocalling ,
TCPA ,
Telemarketing ,
TRACED Act
Just one business day before the FCC’s one-to-one consent rule was set to go into effect, the rule became no more following the Eleventh Circuit’s decision in Insurance Marketing Coalition v. FCC....more
2/3/2025
/ Compliance ,
Consent ,
Consumer Privacy Rights ,
Enforcement Actions ,
FCC ,
Marketing ,
Prior Express Consent ,
Regulation ,
TCPA ,
Telecommunications ,
Telemarketing
One of the most difficult questions to answer in the context of the Telephone Consumer Protection Act is whether a call or text message qualifies as telemarketing and requires heightened consent. In the last month, the US...more
Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses. In this article, we focus on a recent decision from...more
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more
In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more
6/3/2024
/ Appeals ,
Auto-Dialed Calls ,
CAFA ,
Class Action ,
Facebook Inc v Duguid ,
Fiduciary Duty ,
Robocalling ,
SCOTUS ,
Settlement ,
TCPA ,
Telemarketing ,
Text Messages
While the U.S. Supreme Court’s ruling in Barr v. AAPC and its decision to grant certiorari in Facebook, Inc. v. Duguid, et al. have rightfully been grabbing headlines, defendants continue to make strides with helpful...more