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The United States Federal Communications Commission › Motion to Dismiss › Text Messages

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 -
Burr & Forman

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

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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?

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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

Klein Moynihan Turco LLP on

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

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

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

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The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Womble Bond Dickinson

Court Finds Communications Regarding Employment Opportunity Not Advertisement or Telemarketing Under TCPA

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The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated.  Specifically, the TCPA imposes heightened requirements for calls that are deemed...more

Womble Bond Dickinson

Text Message Platform Dismissed From TCPA Class Action Because It Was Not the “Maker or Initiator” of the Text Message at Issue

Womble Bond Dickinson on

Generally, text message platform providers are not considered the “sender” or “maker” of a text message or call unless they are so involved in placing the call as to be deemed to have “made or initiated” it themselves. The...more

Womble Bond Dickinson

Second District Court in the Nation Holds That a Ringless Voicemail is a “Call” Under the TCPA

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Back in July of last year, a Michigan Western District Court became the first court in the country to hold that a “ringless” voicemail—technology which “deposits” a voicemail into a consumer’s voice mail box without actually...more

Womble Bond Dickinson

It Will All Come Out in the “Wash”: Did a Southern California District Court Just Solve the TCPA’s ACA Int’l/ATDS Conundrum Once...

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Sometimes the most obvious answer is the hardest one to see. For weeks now the courts have been debating whether the 2003 and 2008 Predictive Dialer Rulings were set aside by ACA Int’l or just the 2015 TCPA Omnibus ruling....more

Womble Bond Dickinson

“Flu Shots Available”: Court Finds that These Three Little Words Are Within the Scope of Consent Provided to Receive Texts Related...

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In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that...more

Womble Bond Dickinson

Plaintiff’s TCPA Joyride Comes to a Swift End: Court Tosses Putative Text Message Class Action After Finding Plaintiff Consented...

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TCPALand is filled with people trying to game the system, especially when it comes to text message TCPA cases. You’ve got the classic opt-out evader, as we just saw in the Edible Arrangements case. But sometimes, the play...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

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Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Dorsey & Whitney LLP

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

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One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

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