Newsletters

06.24.19

FTC Hangs Up on ‘Massive’ Robocaller Action

The Federal Trade Commission (FTC) put an end to the litigation in the “Pointbreak Media” robocall case, an action filed by the agency in 2018 against multiple individual and corporate defendants that operated a telemarketing scam.


06.24.19

Court Finds Plaintiff’s ATDS Allegations Sufficient to Move Forward

A Telephone Consumer Protection Act (TCPA) plaintiff managed to survive the defendant’s motion to dismiss after the court found sufficient factual allegations in the complaint that the defendant used an automated telephone dialing system (ATDS).


06.24.19

Communications Decency Act Does Not Bar TCPA Claims Against Providers of Telemarketing Services

A Wisconsin federal court has held, in Cunningham v. Montes, that the Communications Decency Act (CDA) does not preclude claims asserted against providers of telemarketing services under the Telephone Consumer Protection Act (TCPA).


06.24.19

Ninth Circuit Follows Fourth Circuit in Finding TCPA ‘Debt Collection’ Exemption Unconstitutional

Adding more fuel to an already raging fire, the Ninth Circuit has weighed in on a case that has the potential to make its way to the U.S. Supreme Court and finally provide much-needed guidance on the controversial Marks case as well as the constitutionality of the Telephone Consumer Protection Act ...


06.24.19

Manatt’s Continuing Coverage of Significant Post-ACA International Developments

Well over a year has passed since the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) ...


06.24.19

Supreme Court Leaves Unanswered Whether District Courts Must Defer to FCC’s Interpretations

On June 20, the U.S. Supreme Court remanded for consideration to the U.S. Court of Appeals, Fourth Circuit two preliminary questions antecedent to the main issue of whether federal district courts must defer to the Federal Communications Commission’s (FCC) interpretations of the Telephone ...


05.22.19

Supreme Court Considers, Rejects TCPA Cases

In U.S. Supreme Court news, the justices heard oral argument in a Telephone Consumer Protection Act case with broad implications and denied certiorari in an appeal of the Federal Trade Commission’s (FTC) stance that the use of soundboard technology constitutes a robocall.


05.22.19

Question of ‘Sender’ One for the Jury

A New York federal court has adopted the multifactor test favored by the U.S. Court of Appeals for the Sixth and Eleventh Circuits to determine whether a defendant is the “sender” of a fax for purposes of Telephone Consumer Protection Act liability.


05.22.19

Possibility of Vicarious Liability for Lenders in Ninth Circuit

In another case involving agency liability, the U.S. Court of Appeals for the Ninth Circuit ruled that while the owner of a student debt is not per se liable for violations committed by a loan servicer it engages, it may be liable if an agency relationship exists based on traditional agency ...


05.22.19

Asserting a Valid Defense Does Not Deprive a Plaintiff of Standing

Reversing dismissal of a purported class action under the Telephone Consumer Protection Act, the U.S. Court of Appeals for the Seventh Circuit held that an affirmative defense alleged by the defendant must be heard on the merits and that the trial court had erred by ruling the defense deprived the ...