News & Analysis as of

The United States Federal Communications Commission Motion to Dismiss Do Not Call List

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
Klein Moynihan Turco LLP

Do DNC Call Rules Apply to Text Messaging?

On August 26 2025, the United States District Court for the Northern District of Florida issued a useful decision for companies contesting National Do Not Call (“DNC”) claims. In Davis v. CVS Pharmacy, Inc., the Court granted...more

Burr & Forman

Another Court Holds Text Messages Not Subject to Do-Not-Call Registry TCPA Claims

Burr & Forman on

Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF (N.D. Fla. Aug. 26, 2025) - Plaintiff filed a putative class action, claiming that Defendant violated 47 U.S.C. § 227(c)(5) and its implementing regulation, 47 C.F.R. §...more

Klein Moynihan Turco LLP

What Is A “Residential Subscriber” Under The TCPA?

Our readers may recall a piece in which we discussed a recent decision from the United States Supreme Court which more than opened the door to judicial review of the Telephone Consumer Protection Act’s (“TCPA”) implementing...more

Klein Moynihan Turco LLP

Major Decision for Defense Bar: Text Messages Do Not Satisfy DNC Pleading Requirements

On July 21, 2025, the United States District Court for the Central District of Illinois issued an important decision for Telephone Consumer Protection Act (“TCPA”) defendants. In Jones et al. v. Blackstone Medical Services,...more

Troutman Amin LLP

THE DEATH OF PRESUMPTION: Are Cell Phones Still “Residential” Post McLaughlin?

Troutman Amin LLP on

The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...more

Klein Moynihan Turco LLP

TCPA Lawsuits Should Be Closely Scrutinized

Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act...more

Kilpatrick

N.C. district court makes clear that cell phone may constitute a residential phone in denying motion to dismiss TCPA class action

Kilpatrick on

A North Carolina federal district court recently denied a motion to dismiss a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”) based on the receipt of text message solicitations....more

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