News & Analysis as of

Telephone Consumer Protection Act › Federal Rules of Civil Procedure › Telemarketing

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

$150k DEFAULT JUDGMENT STANDS: T-Mobile Cannot Evade Expensive TCPA Loss Due to a Simple Procedure Failure

Troutman Amin LLP on

The law is so arcane. A jungle of ferns and vines to snag and ensnare. Only the truly wary can survive long. It takes a survivalist instinct. I love it here. As one federal judge said of me once after I failed to fall into...more

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

Faegre Drinker Biddle & Reath LLP on

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Faegre Drinker Biddle & Reath LLP

District of Arizona Denies Certification of Claims Against Defendant That Had Defaulted

Faegre Drinker Biddle & Reath LLP on

A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

Klein Moynihan Turco LLP on

The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more

Klein Moynihan Turco LLP

How To Challenge TCPA Class Action Certification

Klein Moynihan Turco LLP on

Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer...more

Klein Moynihan Turco LLP

FTSA Lawsuit Update

Klein Moynihan Turco LLP on

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

Ballard Spahr LLP

Utah federal district court denies class certification in TCPA lawsuit filed against Ballard Spahr client

Ballard Spahr LLP on

Represented by a team of Ballard Spahr attorneys, a seller of consumer products recently defeated the plaintiffs’ motion to certify a class in their lawsuit filed in Utah federal district court alleging violations of the...more

Womble Bond Dickinson

Stay Imminent?: District Court Orders Plaintiff to Show Cause Why TCPA Class Action Shouldn’t be Stayed Pending Ninth Circuit’s...

Womble Bond Dickinson on

Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth...more

Womble Bond Dickinson

Move Along: FRCP 12(c) Challenge Relating to TCPA Protection for Text Messages to a Number on the Do-Not-Call Registry Used in...

Womble Bond Dickinson on

Good morning, TCPAland. We thought we would help start your day with an interesting case out of the Southern District of Ohio concerning the National Do Not Call Registry (“DNCR”). As a preliminary matter, if you have not yet...more

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