Telecommunications, Jurisdiction, TCPA

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

Troutman Amin LLP on 7/29/2025

Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

Supreme Court Rules Hobbs Act Does Not Bind District Courts to Agency Interpretations

Troutman Pepper Locke on 6/23/2025

In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more

TCPA Tracker: December 2024-January 2025

Kelley Drye & Warren LLP on 2/25/2025

Eleventh Circuit Strikes Down FCC’s TCPA 1:1 Consent Rule - The Eleventh Circuit recently held that the Federal Communications Commission (“FCC”) exceeded its statutory authority when it issued a 2023 Order interpreting the...more

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

Faegre Drinker Biddle & Reath LLP on 1/24/2025

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on 8/3/2023

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

ATDS Appellate Watchdog: TCPA Autodialer Cases Pending in the Circuit Courts of Appeals You Can’t Miss Post-Marks

Womble Bond Dickinson on 10/1/2018

This week, Erin Kubota prognosticated how the United States Circuit Courts of Appeals will decide automatic telephone dialer cases (“ATDS”) post the monumental Marks ruling from the Ninth Circuit on September 20, 2018...more

Prognosticating Post Marks: Will Courts in Other Jurisdictions Follow in the 9th Circuit’s Footsteps on the Definition of an ATDS...

Womble Bond Dickinson on 9/27/2018

We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more

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