News & Analysis as of

Solicitation Telephone Consumer Protection Act Telemarketing

Troutman Amin LLP

BUY AWAY?: Another Court Holds Offers to Buy Real Estate Are Not “Telephone Solicitations” Under the TCPA’s DNC Provisions

Troutman Amin LLP on

Another day, another data point. In Aussieker v. Aghazadeh, 2025 WL 2021040 (E.D. Cal. July 18, 2025) the Court followed the recent decision in Coffey and concluded offers to buy property simply do not trigger the TCPA’s DNC...more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — Wake Up and Smell the Coffey — Offers to Buy Not Solicitations

In 2024, plaintiff Vicki Coffey allegedly received “numerous telephone calls and text messages . . . seeking to solicit Plaintiff to sell her home . . . .” The first, for example, asked, “Have you given up on selling your . ....more

Burr & Forman

The Seventh Circuit Affirms Summary Judgment on TCPA Claim, Holding Communications Were Not Telephone Solicitations

Burr & Forman on

Hulce v. Zipongo, Inc., No. 24-1623, 2025 WL 829603 (7th Cir. March 17, 2025) - Defendant, a for-profit company that provides nutritional consultation to individuals, contracted with a healthcare plan to provide its...more

Klein Moynihan Turco LLP

TCPA Case Filings on the Rise!

Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida...more

Klein Moynihan Turco LLP

What Constitutes A TCPA Solicitation?

Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions...more

Klein Moynihan Turco LLP

Drunk Driving Nonprofit Faces Do Not Call (“DNC”) Compliance Class Action

On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions...more

Klein Moynihan Turco LLP

FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more

Klein Moynihan Turco LLP

TCPA Vicarious Liability

An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more

Klein Moynihan Turco LLP

FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more

Adams & Reese

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

Adams & Reese on

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA...more

Saul Ewing LLP

Florida Dials Back Telephone Solicitation Act

Saul Ewing LLP on

On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions...more

Baker Donelson

Florida Legislature Course-Corrects with Amendments to the FTSA

Baker Donelson on

In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook...more

Pillsbury Winthrop Shaw Pittman LLP

Florida Legislature Reins in Florida Telephone Solicitation Act

The proposed amendment significantly tightens the conduct that constitutes a violation of the Florida Telephone Solicitation Act (FTSA). The amendment narrows the definition of “autodialer,” limits violations to...more

Jackson Lewis P.C.

The New Wave of Florida Telephone Solicitation Act Litigation

Jackson Lewis P.C. on

With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more

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