Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent
A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.
District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations.
Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely
Class members in a recent Telephone Consumer Protection Act (TCPA) class action settlement—Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist. LEXIS 187225 (N.D. Ill. Oct. 28, 2019)—each received approximately 2.5% of the payout that they were originally promised.
Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping
An Arizona District Court granted a motion to have a recent Telephone Consumer Protection Act (TCPA) class action transferred to another district court in a case that emphasizes the important differences between different circuits with regards to TCPA case law and Automatic Telephone Dialing System (ATDS) definitions.
California Court Rules in Favor of Marijuana Mobile App in TCPA Case
A California district court issued a ruling in favor of the defendant in an unusual Telephone Consumer Protection Act (TCPA) class action case involving a company that operates a mobile app designed to deliver cannabis products.
TCPA Class Action Brought Against President Trump’s Campaign
While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.
California Court Applies Broad Definition of ATDS from Marks
A new decision by the Eastern District of California made use of the Ninth Circuit’s broad definition of what constitutes an automatic telephone dialing system (ATDS) from last year’s Marks v. Crunch San Diego decision.
Two New District Court Rulings Apply Statutory Definition of ATDS
A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v. Yahoo
California Jury Renders $267 Million TCPA Verdict Against a Debt Collector
A California-based debt collector received an astoundingly high amount of damages in a verdict rendered this week. The jury in McMillion v. Rash Curtis & Associates, 4:16-cv-03396 (N.D. Cal.) hit the defendant with a $267 million verdict for Telephone Consumer Protection Act (TCPA) violations on 534,000 calls.
Court Determines that Manually Dialed Call on a System With ATDS Capabilities May Violate the TCPA
A District Court issued a ruling that concludes that a manually dialed call may violate the TCPA just because it was placed from a system that has other modes with ATDS capabilities.