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District Court Rejects Argument That Text Messages Are Prerecorded Voice

A district court in California rejected a plaintiff’s argument in a Telephone Consumer Protection Act (TCPA) lawsuit that tried to establish a new avenue for text message claims. The court granted the defendant’s motion to dismiss, noting that the plaintiff’s claims that text messages constitute “prerecorded voice” messages flatly contradicts both the common sense and dictionary definitions of “voice.”

FTC Files Charges Against Auto Warranty Robocallers

The Federal Trade Commission (FTC) announced that they have filed a complaint in federal court against a Florida-based group of defendants who are accused of being a part of one of the more widespread and notorious robocall campaigns of recent years.

January TCPA Litigation Roundup

A month into 2022 and the courts have already been busy with notable Telephone Consumer Act (TCPA) cases. Let’s examine some particularly notable case studies from the month of January.

2022 February Restricted Do Not Call Dates

State Restricted Do Not Call Dates

February 21, 2022 – Washington’s Birthday / Thomas Jefferson's Birthday / Presidents Day

  • Alabama, Mississippi, Pennsylvania, Utah, Rhode Island

Canadian Restricted Do Not Call Dates

February 21, 2022 – Family Day 

  • New Brunswick, Alberta, Manitoba, Ontario, Saskatchewan, and British Columbia. 

The TCPA and Personal Liability

Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.

2022 January Restricted Do Not Call Dates

State Restricted Do Not Call Dates

January 1, 2022 – New Year’s Day

  • Alabama, Louisiana, Mississippi, Pennsylvania, Rhode Island, Utah

January 17, 2022 – Dr. Martin Luther King, Jr. Day

  • Alabama*, Louisiana, Mississippi*, Pennsylvania, Rhode Island, Utah

*also Robert E. Lee Day

Canadian Restricted Do Not Call Dates

January 1, 2022 – New Year’s Day 

  • National