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Telephone Consumer Protection Act › Evidence › Motion to Dismiss

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Klein Moynihan Turco LLP

Court Upholds TCPA Prerecorded Voice Claims

Klein Moynihan Turco LLP on

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more

Jackson Walker

Supreme Court of Texas Runs at the Low Hurdle of Prima Facie Evidence in Anti-SLAPP Motion Practice

Jackson Walker on

Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more

Womble Bond Dickinson

Where's the Beef? Motion to Dismiss Granted Based on Emergency Exception & Extrinsic Evidence

Womble Bond Dickinson on

Last week, the District Court for the Southern District of California granted a motion to dismiss without leave to amend in a putative class action lawsuit involving the emergency exception to the TCPA. In Derrick v....more

Womble Bond Dickinson

Making them Work For It: Court Dismisses TCPA Case for Lack of Factual Allegations Regarding ATDS Usage

Womble Bond Dickinson on

Quick tip: While the focus these days in TCPAland is on the definition of ATDS–and quite properly so— it should not be forgotten that threadbare recitals of ATDS usage at the pleadings stage are categorically improper....more

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