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Telephone Consumer Protection Act › Evidence › Prior Express Consent

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

Faegre Drinker Biddle & Reath LLP

Court Finds Plaintiff’s ATDS Evidence Insufficient and Grants Summary Judgment for Defendant

Faegre Drinker Biddle & Reath LLP on

The Southern District of Florida recently granted a defendant’s motion for summary judgment on certain aspects of a plaintiff’s TCPA claim because plaintiff could not establish that defendant used an ATDS to call her cell...more

Womble Bond Dickinson

Class Certification Ruling Shows TCPA Perils Involved With Online Lead Generation

Womble Bond Dickinson on

From the perspective of a litigator and trial lawyer, the online lead generation supply chain gives me heartburn sometimes. The problem is one of evidence. In the world of online lead generation and digital marketing, the...more

Womble Bond Dickinson

Big TCPA Day Continues: Ninth Circuit Reverses Summary Judgment in Favor of Defendant Where Plaintiff’s Revocation Testimony...

Womble Bond Dickinson on

Probably the single most common factual scenario we see in TCPA cases is the he-says/records-say revocation suit. The Plaintiff swears that he or she revoked consent. The business–which keeps great records and has bulletproof...more

Womble Bond Dickinson

“Merest Sophistry”: Court Denies Rule 11 Motion in TCPA Case and Actually States that Defendant Wasted the Court’s Time

Womble Bond Dickinson on

I need to share another quick TCPA procedure lesson before I get some actual work done today.  Rule 11 Motions are not vehicles to test the merits of a claim. Keep that in mind lest a judge ask you not to waste the court’s...more

Womble Bond Dickinson

Admission Binding: Court Refuses to Allow TCPA Plaintiff to Change his Consent Tale at Trial

Womble Bond Dickinson on

...Requests for Admissions are my favorite (quasi-) discovery device. Like Dr. Strange’s spell protecting the time stone in Infinity War–they are easy to cast but– once admitted– they can prove quite unbreakable....more

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