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Statutory Interpretation Putative Class Actions Text Messages

Burr & Forman

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

Burr & Forman on

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

Troutman Pepper Locke

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

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In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more

Troutman Pepper Locke

Wisconsin Federal Court Finds that DNC Provision Extends to Text Messages

Troutman Pepper Locke on

On September 21, the Eastern District of Wisconsin denied a motion to partially dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (TCPA), holding that the Do Not Call provision of...more

Burr & Forman

Ninth Circuit Holds Text Messages Are Not Prerecorded Calls

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Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more

Faegre Drinker Biddle & Reath LLP

Court Holds That Text-Messaging System Must Be Able to Randomly or Sequentially Generate Numbers to Qualify as an ATDS

The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more

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