FCC, Text Messages, Putative Class Actions

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

Burr & Forman on 9/4/2025

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

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

Troutman Pepper Locke on 5/12/2023

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

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

Eversheds Sutherland (US) LLP on 12/9/2021

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

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

Womble Bond Dickinson on 12/6/2019

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

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 10/9/2019

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

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

Womble Bond Dickinson on 10/23/2018

...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

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

Dorsey & Whitney LLP on 9/24/2018

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

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

Sheppard Mullin Richter & Hampton LLP on 3/1/2018

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

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

Smith Debnam Narron Drake Saintsing & Myers,... on 2/14/2017

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

App Developer Not Liable Under TCPA For User-Initiated Texts

Morrison & Foerster LLP - Class Dismissed on 8/13/2016

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

Ninth Circuit Rejects Attempt to Challenge FCC Order on TCPA

Ballard Spahr LLP on 2/10/2016

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

Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against...

Sheppard Mullin Richter & Hampton LLP on 7/18/2014

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone...more

The United States Federal Communications Commission › Text Messages › Putative Class Actions

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