Legal Implications of the Supreme Court's Ruling on Universal Injunctions
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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
Butera v Sugarhouse Real Estate Group, L.C., No. 2:25cv00014 DAK-DAO, 2025 WL 1798968 (D. Utah June 30, 2025) - Background - Plaintiff, who registered his number on the National Do Not Call registry (“DNC”) in 2015,...more
The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more
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
The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more
The TCPA generally prohibits the transmission of an “unsolicited advertisement” to a “telephone facsimile machine.” 47 U.S.C. § 227(b)(1)(c). But is an “online fax service” a “telephone facsimile machine”? And can a plaintiff...more
In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more
On November 18, 2022, the United States District Court for the Northern District of California ruled that text messages sent by a “chatbot” do not constitute an artificial or prerecorded voice, per the federal Telephone...more
The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more
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
Well Ocwen is certainly on a roll. Just weeks after delivering a stellar win on ATDS issues in Keyes, the feisty servicer is at it again, delivering TCPAland its first ATDS ruling out of the state of Florida following ACA...more
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