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Troutman Amin LLP

THE DEATH OF PRESUMPTION: Are Cell Phones Still “Residential” Post McLaughlin?

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The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...more

McGlinchey Stafford

Cellphone Users Are Not Categorically Excluded From Definition of “Residential Subscriber” Under TCPA

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On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more

Troutman Pepper Locke

Ninth Circuit Affirms Dismissal of TCPA Case Involving Text Messages Holding “Prerecorded Voice Messages” Require Audible...

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On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more

Womble Bond Dickinson

Does The National Do Not Call Registry Protection Apply to Cell Phones? It depends...

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On February 8, 2023, U.S. Magistrate Judge David S. Cayer issued a Memorandum and Recommendation in which he recommended dismissing a Telephone Consumer Protection Act (“TCPA”) claim on the defendant’s motion to dismiss...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

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Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Bass, Berry & Sims PLC

Privacy Perils: Don't Call Me, I'll Call You

Bass, Berry & Sims PLC on

Many of those pesky unsolicited calls to your cell phone are illegal. If you’re tired of receiving unwanted calls, you can go to https://complaints.donotcall.gov/complaint/complaintcheck.aspx, fill in some information, and...more

Carlton Fields

District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent

Carlton Fields on

A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more

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