Throughout the various ups and downs of Telephone Consumer Protection Act (TCPA) litigation, federal and state regulatory actions, and precedent-setting court decisions, one of the few consistent truths is that plaintiff attorneys make money hand over fist.
A district court in Florida delivered the latest in a series of rulings that undermine the argument that ringless voicemail is not covered by Telephone Consumer Protection Act (TCPA) regulations.
In the ongoing saga of what sorts of dialing technology is considered an automatic telephone dialing system (ATDS)—and thus subject to the Telephone Consumer Protection Act’s (TCPA) regulations on autodialers—the Second Circuit Court of Appeals has bucked recent trends and adopted the precedent of the Ninth Circuit’s extremely broad ATDS def
On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A. No.
A recent complaint filed in the Southern District of California accuses the animal rights, nonprofit organization People for the Ethical Treatment of Animals (PETA) of violating the Telephone Consumer Protection Act (TCPA) by sending automated text messages promoting the meat substitute Beyond Meat. Beyond Meat is also named as a defendant in the class action.
Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find to be compelling.
In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D. Fl. Feb.
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds.
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits.