The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an...more
The Eighth Circuit in BPP v. CaremarkPCS Health, L.L.C., 2022 WL 16955461 (8th Cir. 2022), recently affirmed a district court’s decision to grant summary judgment because the fax at issue was not an “unsolicited...more
The Second Circuit recently affirmed a Southern District of New York judgment denying injunctive relief against Educational Testing Service (“ETS”), which was sought by serial TCPA-plaintiff, Bais Yaakov of Spring Valley. ...more
A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA)....more
Invites to free webinars are not unsolicited advertisements, says Maryland federal court - The Telephone Consumer Protection Act (TCPA) prohibits sending an “unsolicited advertisement” to a fax machine, absent certain...more
Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of...more
On January 6, 2021, the Second Circuit issued an order criticizing and declining to adopt a Third Circuit ruling regarding the scope of the term “unsolicited advertisement” under the Telephone Consumer Protection Act...more
Welcome to the summer edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the second quarter of 2021. In this edition, plaintiffs are doing their own science (badly), SCOTUS...more
In E&G, Inc. v. Mount Vernon Mills, Inc., No. 17-0218, 2019 WL 4032951 (D.S.C. Aug. 22, 2019), the District of South Carolina denied class certification because individualized issues—specifically, whether recipients had...more
At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried...more
The Telephone Consumer Protection Act (TCPA) is one of the most frequently litigated statutes, spurring individual, and more often, national class action litigation. The pace at which new TCPA suits are filed is not slowing,...more
The Telephone Consumer Protection Act (TCPA) prohibits unsolicited calls, text messages and faxes; it’s a federal statute that provides for statutory damages between $500-$1,500 per violation. With the speed and ease (and...more
Congress enacted the Telephone Consumer Protection Act in 1992 to regulate how people communicate by phone and fax. The TCPA gave the Federal Communications Commission regulatory authority to issue rules expanding on the...more
In its long-awaited ruling addressing whether the Administrative Orders Review Act (Hobbs Act) requires district courts to accept the FCC's legal interpretations of the Telephone Consumer Protection Act (the TCPA), the...more
TCPA litigators have been closely monitoring the U.S. Supreme Court's docket waiting for a ruling in the PDR Network case. At stake is what kind of judicial deference should be given to the FCC's interpretation of the...more
In November 2018, the U.S. Supreme Court had granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., to decide whether the Hobbs Act required the district court to accept the Federal Communications...more
Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district...more
In a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has...more
Dodging the question of whether the Hobbs Act requires a federal court to accept the 2006 Federal Communication Commission (FCC) Order that provides the legal interpretation for the Telephone Consumer Protection Act (TCPA),...more
On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic. The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal...more
On June 20, 2019, the United States Supreme Court decided PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, holding that whether the Federal Communications Commission’s (FCC) 2006 order interpreting the...more
It is a busy TCPA news day! The United States Supreme Court has released its decision in PDR Networks, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action. The decision is available for download...more