Text Messages, Cell Phones, Appeals

TEXTS AREN’T CALLS!: State Appellate Court Holds Text Messages Are Not Telephone Calls Were Purposes of Criminal Statute

Troutman Amin LLP on 6/18/2025

Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on 7/12/2022

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

Sheppard Mullin Richter & Hampton LLP on 9/24/2019

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Sheppard Mullin Richter & Hampton LLP on 10/29/2018

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

Davis Wright Tremaine LLP on 11/5/2015

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

Ballard Spahr LLP on 9/3/2015

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more