Consent, Class Action, Cell Phones

Supreme Court Ruling Shakes TCPA Litigation to the Core

Bradley Arant Boult Cummings LLP on 7/11/2025

On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more

ACA International v. F.C.C., et al.

Akin Gump Strauss Hauer & Feld LLP on 3/21/2018

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

Ballard Spahr LLP on 1/25/2017

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent

Carlton Fields on 10/3/2014

A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

Davis Wright Tremaine LLP on 7/8/2014

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more

New FCC Interpretation Of "Express Consent" To Increase TCPA Class Action Liability

Sheppard Mullin Richter & Hampton LLP on 6/13/2013

Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more