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CFPB Asks FCC to Allow Robocalls from Banks About Financial Relief Programs Related to the Coronavirus Crisis

In an unusual move relative to its customary stance on such issues, the Consumer Financial Protection Bureau (CFPB) has requested that the Federal Communications Commission (FCC) ease restrictions on the use of automated phone calls by banks and financial institutions in order to communicate with consumers about the various financial relief programs and services available  to the public in

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Examining the Strategies of a TCPA Litigator

This article covers some of the most frequently used techniques by litigators, the sorts of businesses that they target, and some of the most prominent and illustrative TCPA judgments and settlements.
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Court Awards $89 Million Attorney Fee in TCPA Case

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.

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Second Circuit Follows Broad ATDS Definition from Marks

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

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Two Courts Reject Excel Sheet ATDS Argument

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.

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PETA Faces TCPA Class Action for Text Messages Advertising Fake Meat

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.

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The TCPA During the Coronavirus Pandemic

The current, novel coronavirus pandemic that is spreading COVID-19 is causing massive upheaval worldwide. For telemarketers, this is creating uncertainty as to how regulations such as the TCPA and state laws dictate what sorts of calls are allowed during such a period of emergency.
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Court Dismisses Vicarious Liability Claim in TCPA 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.