Do text messages sent by a chatbot fall within the provisions of the Telephone Consumer Protection Act (TCPA) prohibiting unsolicited calls made using an “artificial or prerecorded voice?” According to the United States...more
Please join Consumer Financial Services Partner Dave Gettings and his guests and colleagues Jessica Lohr and Virginia Flynn who discuss their recent service as jurors on criminal cases, while also providing valuable insight...more
11/1/2022
/ Appeals ,
Banks ,
Business Disputes ,
Complex Litigation ,
Consumer Litigation ,
Consumer Reporting Agencies ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Juror ,
Jury Trial ,
Mortgage Servicers ,
TCPA
On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com,...more
Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from...more
Class-action plaintiffs do not get a free pass on constitutional standing requirements, as the Eleventh Circuit Court of Appeals reminded litigants sua sponte in Drazen and Godaddy.com, LLC v. Pinto last week when it vacated...more
On July 6, the U.S. District Court for the Middle District of Florida granted final approval of a multimillion-dollar, class-action settlement in Parker v. Stoneledge Furniture, LLC, et al., No. 21-740 (M.D. Fla.) to resolve...more
In late June 2022, the U.S. District Court for the Central District of California gave final approval for a $2.5 million class-action settlement in Johnson v. Moss Brothers Auto Group to resolve claims brought against a motor...more
On March 24, the Eighth Circuit Court of Appeals issued an opinion, upholding separate district court decisions finding that a system that sends promotional text messages to phone numbers randomly selected from a database of...more
In a succinct, emphatic opinion issued on January 19, the Ninth Circuit quietly rejected one of the last remaining arguments made by plaintiffs attempting to neutralize the Supreme Court’s decisive Facebook opinion...more
The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s (TCPA)...more
Companies are continuing to reap the rewards of the Supreme Court’s decision in Facebook v. Duguid earlier this year, in which the Supreme Court confirmed a narrow reading of the Telephone Consumer Protection Act’s (TCPA)...more
The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s definition of automatic telephone...more
The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), affirmatively answered a question that had divided courts for years: Did the Telephone Consumer Protection Act’s (TCPA) definition...more
On Thursday, September 9, the U.S. Court of Appeals for the Sixth Circuit issued its opinion in Lindenbaum v. Realgy LLC, reversing a district court opinion that found the Telephone Consumer Protection Act was...more
In its August 31 opinion, the Northern District of California rejected the plaintiff’s “Footnote Seven” argument in a Telephone Consumer Protection Act (TCPA) case, adding to the chorus of courts requiring TCPA plaintiffs to...more
In one of the first major decisions after the Supreme Court’s Facebook v. Duguid decision, a federal district court in South Carolina (the “Court”) has ruled that the Aspect predictive dialer is not an automatic telephone...more
In a unanimous decision, the U.S. Supreme Court decided Duguid v. Facebook, finding once and for all that an automatic telephone dialing system (ATDS) as defined by the Telephone Consumer Protection Act (TCPA) requires a...more
2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more
3/3/2021
/ Background Checks ,
Banking Sector ,
Bankruptcy Code ,
Banks ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Lenders ,
Student Loans ,
TCPA
On January 15, in response to a petition from Acurian seeking clarification on the non-commercial purpose exemption, the FCC held that prerecorded calls to residential phone numbers seeking participants for FDA-mandated...more
On December 14, the Federal Communications Commission (FCC) ruled that federal and state contractors are “persons” subject to the terms of the Telephone Consumer Protection Act (TCPA). Citing privacy concerns, the order...more
The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a...more
On Tuesday, December 8, the U.S. Supreme Court will hear oral arguments in the Duguid v. Facebook case to decide, once and for all, whether an automatic telephone dialing system (“ATDS”), as defined in the Telephone Consumer...more
The Acting Solicitor General submitted an amicus brief in Facebook v. Duguid on September 4, urging the Supreme Court to find that telephony must randomly or sequentially generate telephone numbers, then dial those numbers in...more
9/11/2020
/ Amicus Briefs ,
ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Random or Sequential Number Generator ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
TCPA
On September 1, 2020, a district court in the Northern District of California weighed in on an issue of recurring importance in internet commerce: how does a business obtain a remote consumer’s effective agreement to terms...more
9/9/2020
/ Arbitration ,
Auto-Dialed Calls ,
E-Commerce ,
Hyperlink ,
Motion to Compel ,
Putative Class Actions ,
TCPA ,
Telecommunications ,
Telemarketing ,
Terms and Conditions ,
Text Messages
On July 9th, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase,...more
7/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Popular ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA