TCPA

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Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims

Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits.

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Political Calls Remain a Target of Litigation

As election day approaches, TCPA lawsuits over political calls and texts are being filed, even in disregard of recent Supreme Court precedent.

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Robinhood Sued Under Washington State Law for Referral Texts

Earlier this month, a district court in Washington ruled against Robinhood, the stock trading app and brokerage, in its attempts to get a text-message-based class action dismissed. What makes it especially notable is the class action is being brought under Washington’s Consumer Electronic Mail Act (CEMA) rather than the federal Telephone Consumer Protection Act (TCPA).

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Political Campaigns Must Contend with New 10DLC Rules

Tuesday, November 8 is election day in what is shaping up to be a busy midterm election year. That means that political campaigns, and the communications and marketing professionals that they hire, are sending campaign-related text messages in enormous volumes. Political campaign messages are afforded some exemptions and privileges under the Telephone Consumer Protection Act (TCPA).

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July Grab Bag

The FCC and Ohio AG go after a robocaller, Perrong sues Oz, and the DC Circuit upholds the TRACED Act's changes to TCPA exemptions.

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$4 Million TCPA Settlement Shows That Text Risks Haven’t Disappeared Completely

A District Court in Florida approved a settlement in a Telephone Consumer Protection Act (TCPA) class action that demonstrates how even the most secure seeming communication channels carry some degree of risk. The defendant will pay $4 million for ATDS violations.

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Congress Proposes TCPA Bill That Would Change ATDS Definition

A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include:

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$2.5 Million Class Action Settlement Finalized for TCPA Violations By Automotive Dealer

The Central District of California Court finalized a $2.5 million settlement for Telephone Consumer Protection Act (TCPA) class action against an automotive dealer. What makes this settlement especially notable is it had been pending since before the Supreme Court’s decision in Facebook v. Duguid.

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June Grab Bag: Compliance News

The TCPA, FCC, and state law news that matters from June.

Third Circuit Ruling Involves Expansive Autodialer Definition

The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.

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