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Consumer Protection Laws › Text Messages › Motion to Dismiss

Polsinelli

Federal Court Finds Text Messages Not Subject to TCPA’s DNC Requirements

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Key Takeaways: Companies sued for Telephone Consumer Protection Act (TCPA) violations should consider challenging the allegations at the outset by moving to dismiss, rather than conceding based on out-of-date precedent and...more

Troutman Pepper Locke

Texas Federal District Court Grants Summary Judgment on FDCPA and TDCA Claims Over Texts and Calls to a Wrong Number

Troutman Pepper Locke on

In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act...more

McGlinchey Stafford

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

McGlinchey Stafford on

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

NOT “UNREASONABLE: Three Texts Over Seven Days After Revocation Not Sufficient to Show Lack of Internal DNC Policy

Troutman Amin LLP on

TCPA revocation cases are on the rise, and a closely related type of case– the internal DNC claim– is on the rise along with it. There is a slight difference between the two types of cases, and one which we don’t talk about...more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

Burr & Forman on

After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

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