News & Analysis as of

Telemarketing Motion to Dismiss Prior Express Consent

Klein Moynihan Turco LLP

Court Upholds TCPA Prerecorded Voice Claims

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more

Womble Bond Dickinson

Court Finds Communications Regarding Employment Opportunity Not Advertisement or Telemarketing Under TCPA

Womble Bond Dickinson on

The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated.  Specifically, the TCPA imposes heightened requirements for calls that are deemed...more

Womble Bond Dickinson

“Flu Shots Available”: Court Finds that These Three Little Words Are Within the Scope of Consent Provided to Receive Texts Related...

Womble Bond Dickinson on

In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that...more

Polsinelli

Lifesaving Texts Survive TCPA Claims

Polsinelli on

The United States District Court for the Eastern District of Louisiana recently dismissed TCPA (Telephone Consumer Protection Act) claims filed in a putative class action against the non-profit American Heart Association,...more

Dorsey & Whitney LLP

Browsewrap Disclosure Held Insufficient to Constitute “Prior Express Written Consent” Even for a Healthcare-Related Call

Dorsey & Whitney LLP on

Folks involved with selling health insurance, or anything else for that matter, and who rely upon browsewrap website terms might want to give Sullivan v. All Web Leads, Inc., No. 17-cv-1307, 2017 U.S. Dist. LEXIS 84232 (N.D....more

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