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The United States Federal Communications Commission › Putative Class Actions

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

Benesch

Seventh Circuit Throws FCC “Guidance” In Trashcan

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When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

Troutman Pepper Locke

Florida State Court Holds Mere Statutory Violation Not Enough to Confer Standing Under TCPA

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On May 10, Florida’s Third District Court of Appeal issued an opinion in Pet Supermarket, Inc. v. Eldridge, holding that the plaintiff and putative class representative lacked standing to pursue his class action lawsuit under...more

Eversheds Sutherland (US) LLP

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

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A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

Eversheds Sutherland (US) LLP

The waiting game: Nearly 30 years later, companies lack meaningful regulatory guidance on the TCPA and ADA

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Over the past eight years, the number of cases filed in courts across the country alleging violations of the Telephone Consumer Protection Act (TCPA) has more than quadrupled, with thousands filed each year. In 2018, another...more

A&O Shearman

Maryland District Court Dismisses Majority Of Claims In Putative Class Action Against Media Company

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On February 4, 2020, Judge Catherine C. Blake of the United States District Court for the District of Maryland dismissed certain claims in a putative class action asserting claims under Section 10(b) of the Securities...more

Faegre Drinker Biddle & Reath LLP

Florida Federal Court Stays Putative Class Action to Await Guidance from the FCC and Eleventh Circuit as to What Constitutes an...

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It can fairly be said that the statutory definition of “automatic telephone dialing system” (“ATDS”) has generated far more questions than answers—for courts and litigants alike. This is especially true in the wake of ACA...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

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One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...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

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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

Seyfarth Shaw LLP

Webinar Recap! Hot Topics and Trends in California Consumer Class Actions

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On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more

Epiq

TCPA Case May Affect Regulatory Guidance Deference

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An upcoming Supreme Court decision may determine if agency interpretive guidance of regulations under the Telephone Consumer Protection Act controls on issues before district courts, or whether those courts can independently...more

Womble Bond Dickinson

Video Countdown: Top Ten 2018 TCPA News Stories

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The world of the TCPA is marked by constant flux and 2018 proved to be a particularly fluctuating year as the TCPA yo-yo'ed between positive court decisions, alarming legal enforcement against violators of the TCPA, and...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term “Advertisement”

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On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more

Womble Bond Dickinson

Playing Politics: When the TCPA Becomes Mixed Up In Politics All Bet(o)s are Off

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...As TCPAland dwellers know, these class action suits are generally much more about the almighty dollar than about any actual frustration or harm from text messages. And where money and politics intersect, look out. ...more

Dorsey & Whitney LLP

Ninth Circuit Rules an ATDS Need Only Have the Capacity to “Store Numbers to Be Called” and Dial “Automatically”

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In Marks v. Crunch San Diego, No. 14-56834, 2018 U.S. App. LEXIS 26883 (9th Cir. Sept. 20, 2018), a three judge panel found “the term ‘automatic telephone dialing system’ means equipment which has the capacity (1) to store...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

BCLP

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

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The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

Smith Debnam Narron Drake Saintsing & Myers,...

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

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The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

Morrison & Foerster LLP - Class Dismissed

App Developer Not Liable Under TCPA For User-Initiated Texts

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A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant...more

Ballard Spahr LLP

Creditor Can Obtain TCPA "Prior Express Consent" Through Intermediary, Sixth Circuit Rules

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A creditor that received a consumer's cell phone number through an intermediary had the consumer's ''prior express consent'' under the Telephone Consumer Protection Act (TCPA) to receive calls from a debt collector, the U.S....more

Ballard Spahr LLP

Ninth Circuit Rejects Attempt to Challenge FCC Order on TCPA

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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit recently affirmed summary judgment for the defendant in a Telephone Consumer Protection Act (TCPA) case, refusing to entertain the plaintiff’s...more

Carlton Fields

Seventh Circuit Cleans Up the Law; Holds Rule 68 Offer of Complete Relief Does Not Render Litigation Moot

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In a case that began as a putative class action, the Seventh Circuit held that a Rule 68 offer of complete relief does not render litigation moot. Plaintiff in Chapman v. First Index filed a “junk-fax” suit pursuant to the...more

Sheppard Mullin Richter & Hampton LLP

Dazed and Confused: The TCPA’s Health Care-Related Call Exemption

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In early 2012, Robert Kolinek received an automated call on his cell phone from Walgreens reminding him to refill an eligible prescription. Despite the fact that even the plaintiff’s lawyers ultimately acknowledged that these...more

Benesch

FCC Is “allergic to brevity and clarity” With Respect To The TCPA, District Court Concludes

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Amanda Balschmiter’s boyfriend, Victor Loshek, purchased a car with a loan that was serviced by TD Auto Finance LLC (“TDAF”), and subsequently defaulted on the loan. Balschmiter, on Loshek’s behalf, began making calls on her...more

Benesch

District Court Rejects FCC’s Expansive Definition Of ATDS In Putative TCPA Class Action

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In Marks v. Crunch San Diego, LLC, No. 14-cv-00348 (S.D. Cal. Oct. 23, 2014), the Southern District California granted summary judgment in favor of Crunch San Diego, LLC (“Crunch”) in a putative class action alleging that...more

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