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ATDS Telemarketing Class Action

Kelley Drye & Warren LLP

TCPA Tracker: February-March 2025

FCC Delays Effective Date for New TCPA Consent Revocation Rule - The FCC announced on April 7, 2025, that it was issuing a one-year delay on its latest TCPA implementing rule governing consent revocation, Section...more

Klein Moynihan Turco LLP

Autodialer TCPA Claim

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more

Eversheds Sutherland (US) LLP

FCC Rules on Revocation and 1:1 Consent to come into effect in early 2025

On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

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On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

Troutman Pepper Locke

Ninth Circuit Affirms Dismissal of TCPA Case Involving Text Messages Holding “Prerecorded Voice Messages” Require Audible...

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On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more

Troutman Pepper Locke

July 2023 Class Action Blog Summary

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What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Amundsen Davis LLC

Protecting Your Cannabis Business From The Trappings Of The Telephone Consumer Protection Act

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The emerging cannabis industry in Illinois has plenty of regulatory issues to contend with including labeling, packaging, destruction and disposal of cannabis, security, inventory, and recordkeeping just to name a few....more

Proskauer - Advertising Law

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more

Moritt Hock & Hamroff LLP

Supreme Court To Resolve Circuit Split On TCPA Autodialer Definition

On December 8, 2020, the United States Supreme Court will hold oral arguments to finally resolve a deepening split of authority in the Circuit Courts of Appeal regarding the definition of an "autodialer" under the Telephone...more

Womble Bond Dickinson

Cruise Line Sails into Sea of TCPA Liability from Vendor’s Use of Soundboard Tech

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New communications technologies are being adopted at a rapid pace by industry.  This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA.  One such question, which has seen...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Womble Bond Dickinson

Fourth Circuit Court of Appeal Affirms $61,000,000 TCPA Judgement Against Dish Network

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On May 30, 2019, the Fourth Circuit affirmed a $61,000,000 classwide judgment against Dish Network based on violations of the TCPA’s National Do Not Call Registry (“DNC”) rules committed by Dish’s outside agent Satellite...more

Vedder Price

TCPA Case Law Review (Vol. 7)

Vedder Price on

As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more

Akin Gump Strauss Hauer & Feld LLP

Retail Industry Leaders Association Urges the FCC to Address Key TCPA Issues

• Companies across industries continue to face TCPA litigation and address compliance challenges. • The FCC will soon be addressing key TCPA issues in the wake of the D.C. Circuit’s ruling in ACA International. • One...more

Womble Bond Dickinson

Not So Bullish on the Street: Wall Street Journal Faces New Putative TCPA Class Action Alleging Do Not Call Violations

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Not even the country’s largest newspaper can escape the TCPA. The Dow Jones & Company d/b/a the Wall Street Journal, joins the TCPA class action litigation sprawl in New York federal court. In the new class action suit titled...more

Foster Garvey PC

OTA & Travel Distribution Update - Travel agency hit with TCPA class action; Expedia ups its game by adding more house listings;...

Foster Garvey PC on

Travel Agency Hit With TCPA Class Action Over Cuba Texts - Law 360 - Cybersecurity & Privacy on Aug 10, 2018 (subscription required) An online travel agency that arranges trips to Cuba got slapped with a proposed class...more

Womble Bond Dickinson

Talk About Bad News: Dallas Morning News hit With TCPA Class Action Claiming Dying Circulation Prompted Illegal Call Campaign

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Its not easy running a newspaper these days. Half the country will think you’re fake news and the other half will wonder why you’re even printing stuff on paper anymore (even the picture of the newspapers above makes me think...more

Womble Bond Dickinson

Anatomy of a Disaster: Court Certifies “Bad/Wrong Number” TCPA Code Class Owing to Defendants’ Apparent Failure to Maintain TCPA...

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While most Courts (properly) refuse to certify wrong number class actions in multi-source TCPA cases, at least one bank was just reminded how dangerous wrong number TCPA class actions remain. This is especially true when a...more

Robinson+Cole Data Privacy + Security Insider

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS...more

Carlton Fields

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Carlton Fields on

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

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