Telecommunications, Summary Judgment, Corporate Counsel

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

Kilpatrick on 2/28/2025

Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA

Proskauer - Minding Your Business on 8/13/2020

The Sixth Circuit has joined the Second and Ninth Circuits in their broad interpretation of the Telephone Consumer Protection Act’s (TCPA) autodialer provision. In doing so, it has tipped the scale in a circuit split that is...more

Bargained-For Consent: An Increasingly Viable Defense to TCPA Claims

Akin Gump Strauss Hauer & Feld LLP on 9/6/2018

• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system. • While numerous courts have ruled that a party...more

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

Seyfarth Shaw LLP on 10/18/2017

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

Smith Debnam Narron Drake Saintsing & Myers,... on 2/14/2017

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Burr & Forman on 8/18/2016

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) - Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop...more