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Telephone Consumer Protection Act Standing

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

Class Action Filings in New England Surge in 2025, Poised to Set New Record Highs

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A tidal wave of increased class action activity is breaking in New England courts. Through the first six months of 2025, total class action filings in First Circuit federal and state courts across New England have already...more

Troutman Amin LLP

PEAK BEHIND THE CURTAIN: Robocall Forum Operator Ordered to Turn Over Records of TCPA Plaintiffs Chat Records– And Now We Are...

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Awesome little case for you today. As we all know there are these online forums where trolls get together and plot out ways to small (and large) businesses in TCPA suits. Sometimes these forums share completely legitimate...more

Troutman Amin LLP

TCPAWORLD ON THE ROAD: Nomorobo is at it again– Suing RSI ENTERPRISES, INC for at least $1.798MM

Troutman Amin LLP on

So I am on the road for a little baseball related vacation with the boys. But that won’t stop me from bringing you the latest TCPA developments! One of the biggest stories of 2025 so far is Nomorobo– a massive honeypot owner–...more

Troutman Amin LLP

CALLIER CLASS KILLER: Callier Deemed Atypical to Represent Class– And Everyone He Has Sued in a Class Action Should Take Note

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So Brandon Callier was just deemed insufficient to represent TCPA class members– an that’s a huge deal for anyone who is facing Callier class litigation. The case is Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025)....more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2025

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On June 20, 2025, the Supreme Court of the United States issued six decisions: Diamond Alternative Energy, LLC v. Environmental Protection Agency, No. 24-7: This case addresses fuel producers’ Article III standing to...more

Epstein Becker & Green

Federal Jurisdiction and Review Standards at Issue in Cases Ranging from Terrorism to Tobacco - SCOTUS Today

Epstein Becker & Green on

With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more

Troutman Amin LLP

DEAR LORD: Nomorobo Just Sued Synchrony Under the TCPA For Calls to a Honeypot And This Could Be Enormous

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Honeypots. Tens (hundreds?) of thousands of phone numbers owned by a single corporate subscriber. They exist merely to monitor and track calling patterns. No one is using these phones. They are monitored autonomously for a...more

Troutman Amin LLP

PLAUSIBLE: Court Holds Allegations of “Identical” Voicemails Sufficient Allegation of Prerecorded Call Usage

Troutman Amin LLP on

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

Vedder Price

TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)

Vedder Price on

TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published January 2025 - Developments in Class Action Law

Highlights from this issue include cases such as Pro Se Civil Rights Class Actions. The Seventh Circuit affirmed that a pro se prisoner cannot adequately represent a class, and more....more

McGlinchey Stafford

Litigation Byte (January 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Faegre Drinker Biddle & Reath LLP

Federal Court Dismisses Action for Lack of Personal Jurisdiction Due to Insufficient Agency Relationship

A recent decision from the U.S. District Court for the Southern District of Indiana demonstrates how a defendant may successfully challenge personal jurisdiction when the facts fail to show vicarious liability through a...more

Dorsey & Whitney LLP

The Supreme Court Update - October 4, 2024

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Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

McGlinchey Stafford

Litigation Byte (August Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Klein Moynihan Turco LLP

FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more

Faegre Drinker Biddle & Reath LLP

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

Faegre Drinker Biddle & Reath LLP

Missouri Federal Court Dismisses Another TCPA Claim Due to Traceability Issues

A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to...more

Faegre Drinker Biddle & Reath LLP

Middle District of Florida Analyzes Standing for Professional Plaintiffs

The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the...more

Troutman Pepper Locke

Speak for Yourself: Court Denies Class Certification in TCPA Case Based on Class Members’ Potentially Mixed Reactions to Ringless...

Troutman Pepper Locke on

On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more

Faegre Drinker Biddle & Reath LLP

Washington Federal Court Finds Sufficient Allegations of Prerecorded Calls But Dismisses Claims for Treble Damages and Injunctive...

Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more

Carlton Fields

Robocalling into Florida: A Dicey Gamble in an Evolving Legal Landscape

Carlton Fields on

No one likes receiving telemarketing calls or text messages from strangers. That’s one reason Congress enacted the Telephone Consumer Protection Act more than 30 years ago. Initially designed, in part, to combat the scourge...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Expands on Drazen II, Holding that an Unwanted Text is Sufficient for FTSA Standing

In a per curiam unpublished opinion, the Eleventh Circuit recently held that a plaintiff had standing to assert claims under the Florida Telephone Solicitation Act (“FTSA,” Fla. Stat. § 501.059) for his receipt of five...more

Kilpatrick

TCPA: Reversing panel decision, full Eleventh Circuit finds single text message sufficient to establish TCPA standing

Kilpatrick on

Takeaway: In Drazen v. Pinto, 74 F.4th 1336 (11th Cir. 2023) (en banc), the Eleventh Circuit held a single “unwanted, illegal” text message sufficient to establish concrete injury for standing purposes. This holding...more

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