News & Analysis as of

Class Action Telecommunications Telemarketing

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Amin LLP

TCPAWORLD ON THE ROAD: Nomorobo is at it again– Suing RSI ENTERPRISES, INC for at least $1.798MM

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So I am on the road for a little baseball related vacation with the boys. But that won’t stop me from bringing you the latest TCPA developments! One of the biggest stories of 2025 so far is Nomorobo– a massive honeypot owner–...more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

Pierce Atwood LLP

FCC 'Deletes' TCPA Regulations Following Supreme Court and Eleventh Circuit Rulings

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In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more

Troutman Amin LLP

GETTING PERSONAL: Insurance Agent Sued Personally In TCPA Class Action Against Senior Life Insurance Company

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Said it before. Will say it again– the rule of personal liability for TCPA violations undertaken for an employer is the most unfair in all of American jurisprudence. Take the case of Matthews v. Senior Life Insurance Co.,...more

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more

Troutman Amin LLP

AU FOND: Camp Lejeune Lead Leads to Trouble For CHARLES BARATTA LLC, doing business as PRIME MARKETING– But I learned a new...

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Au Fond. Do you folks know this lovely phrase? Here I–Mr. Highly Selective Dictionary for the Extraordinarily Literate memorizer– thought I knew it all. And yet the Czar just learned something mysterious and lovely that has...more

Troutman Amin LLP

TREND: American Express DESTROYED by Discovery Order in TCPA Class Action As ANOTHER #BIGLAW Firm Fails

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Repeat after me: Hire Big Law. Expect a Big Loss. At least in TCPAWorld. Here is ANOTHER example. In Duke v. American Express, 2025 WL 1918643 (D. Az. July 12, 2025) American Express was just needlessly required to produce...more

Klein Moynihan Turco LLP

TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift

On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

McGlinchey Stafford

District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe under TCPA

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The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more

Troutman Amin LLP

WAVE OF LITIGATION ENDED?: Are the TCPA’s Quiet Hour Rules Dead After Friday’s Supreme Court Ruling?

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As TCPAWorld.com readers know, 2025 has seen a massive rush of TCPA class litigation. Indeed such filings are up over 100 percent from last year– which was already the highest volume year in history. The biggest volume of...more

Troutman Amin LLP

TCPA INSURANCE TO THE RESCUE?: Small Debt Collector Walks Away From Class Suit For Under Policy Limits

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TCPA insurance used to be very difficult to come by but slowly carriers are starting to write policies to protect companies from TCPA liability. Most of the policies are low limit high deductible affairs– $1MM is the max that...more

Troutman Amin LLP

TCPA CLASS ACTIONS CONTINUE TO SKYROCKET!!: TCPA Class Action Filings DOUBLE in April, 2025 And That’s Not All…

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Well as TCPAWorld.com readers know well the TCPA class actions continue to pour in. Previously we reported TCPA class action filings were up over 100% YoY through March, 2025....more

Eversheds Sutherland (US) LLP

Eight-figure CIPA settlement underscores importance of telemarketing compliance

On May 13, 2025, a $19.5 million settlement of a California Invasion of Privacy Act (CIPA) class action against a major financial institution and its telemarketing vendor moved one step closer to final approval. The...more

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

Eversheds Sutherland (US) LLP

FCC revocation rules poised to take effect

Barring a last-minute reprieve, the Federal Communications Commission’s (FCC) new rules regarding how consumers can revoke their consent under the Telephone Consumer Protection Act (TCPA) will go into effect on April 11, 2025...more

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

Eversheds Sutherland (US) LLP

FCC seeks comments amid wave of “after hours” texting complaints and Trump Administration’s “Delete, Delete, Delete” order

The Federal Communications Commission (FCC or Commission) issued two notices for public comment in mid-March on hot-button issues, suggesting that newly-minted Chair Brendan Carr’s tenure will be an active one. On March 11,...more

Burr & Forman

The Seventh Circuit Affirms Summary Judgment on TCPA Claim, Holding Communications Were Not Telephone Solicitations

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Hulce v. Zipongo, Inc., No. 24-1623, 2025 WL 829603 (7th Cir. March 17, 2025) - Defendant, a for-profit company that provides nutritional consultation to individuals, contracted with a healthcare plan to provide its...more

Klein Moynihan Turco LLP

Do Not Disturb: Observe Telemarketing Hours!

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...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

Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

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Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

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There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Bradley Arant Boult Cummings LLP

Navigating Claims Under the Florida Telephone Solicitation Act and Florida Telemarketing Act

A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The...more

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