Telecommunications, Unsolicited Faxes, Advertising

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

McGlinchey Stafford on 7/23/2025

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

SCOTUS: Hobbs Act Does Not Bind District Courts to FCC’s Statute Interpretation

McGlinchey Stafford on 6/24/2025

Following in the wake of last years’ Loper Bright and Relentless, Inc. decisions that ended agency deference, the Supreme Court ruled on Friday in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp. that the Hobbs Act...more

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

Troutman Pepper Locke on 1/30/2025

Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

Seventh Circuit Throws FCC “Guidance” In Trashcan

Benesch on 8/9/2023

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

Third Circuit rejects TCPA claim in “junk fax” putative class action

Ballard Spahr LLP on 1/27/2023

On January 19, 2023, the U.S. Court of Appeals for the Third Circuit unanimously affirmed a district court’s dismissal of a Telephone Consumer Protection Act claim arising from allegedly illegal faxes about a free educational...more

Ninth Circuit decision on TCPA autodialer definition settles: what does it mean?

Ballard Spahr LLP on 3/1/2019

In September 2018, in Marks v. San Diego Crunch, a unanimous Ninth Circuit three-judge panel held that the TCPA’s definition of an automatic dialing system (ATDS) includes telephone equipment that can automatically dial phone...more

TCPA Regulatory Update – FCC Seeks Comment on the Meaning of “Telemarketing” and “Dual Purpose” Under the TCPA

Mintz on 1/21/2019

Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding....more

TCPA Case Law Review (Vol. 4)

Vedder Price on 8/30/2018

If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more

Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment

BakerHostetler on 11/20/2017

On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that...more

Advanced Care Scripts Settles Pending TCPA Class Action for $9.25 Million

Robinson+Cole Data Privacy + Security Insider on 12/16/2016

Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC...more

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

BakerHostetler on 1/14/2014

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

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