Telecommunications, Statutory Interpretation, Dismissals

TCPA Tracker: April-June 2025

Kelley Drye & Warren LLP on 7/25/2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

TCPA Tracker: February-March 2025

Kelley Drye & Warren LLP on 4/28/2025

FCC Delays Effective Date for New TCPA Consent Revocation Rule - The FCC announced on April 7, 2025, that it was issuing a one-year delay on its latest TCPA implementing rule governing consent revocation, Section...more

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

Shipkevich PLLC on 7/17/2024

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

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

Troutman Pepper Locke on 5/16/2024

In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more

Southern District of New York Holds TCPA Claim Fails To Satisfy Minimum Pleadings Requirements When Simply Parroting Statute

Burr & Forman on 10/30/2019

Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019) - Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell...more

Ninth Circuit’s Marks Opinion Continues to Extend its Reach Across the Country

Womble Bond Dickinson on 4/23/2019

In Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018), cert. dismissed, 139 S. Ct. 1289 (2019), the Ninth Circuit adopted an expansive definition of an ATDS that includes devices that dial from a stored list of...more

That’s Alarming: Another Court Finds that Predictive Dialer Calls are Robocalls Covered by the TCPA

Womble Bond Dickinson on 8/7/2018

Keep up everyone. In the last few days we’ve seen a flurry of developments on the ATDS definition. First came Lord and Dominguez requiring random or sequential number generation. Then came Pinkus holding that predictive...more

Now its Sirius: New District Court Ruling Dismisses TCPA Suit and Holds that Predictive Dialer Calls Are Not Robocalls Covered by...

Womble Bond Dickinson on 7/27/2018

In another blow to TCPA Plaintiffs hoping to make use of the FCC’s 2003 and 2008 Predictive Dialer rulings after ACA Int’l, a federal district court in the Northern District of Illinois held today that those rulings were...more

Telecommunications › Statutory Interpretation › Dismissals

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