• 07.09.18

    Consent Limited by ‘Transactional Context’

    Consent is defined by the “transactional context,” a California federal court explained when recently denying summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after it sent texts unrelated to the reason the plaintiff provided his phone number.

  • 07.09.18

    New Bill Seeks to Expand TCPA

    In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone dialing system (ATDS) and more.

  • 07.09.18

    The Second Circuit Weighs In on ACA International

    Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA International to the Telephone Consumer Protection Act (TCPA) ...

  • 07.09.18

    District Courts Rule on ATDS Post-ACA International

    Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed results, indicating the courts are still working through ...

  • 07.09.18

    First Appellate Court Opinion Post-ACA International

    As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s (FCC) previously restrictive interpretation of what constitutes an ...

  • 06.20.18

    Supremes: No More Class Action Stacking

    A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous ruling in China Agritech v. Resh.

  • 05.31.18

    No Authority No Control Means No Vicarious Liability

    The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...

  • 05.31.18

    Proposed Legislation, Testimony and Proposed Rulemaking on Robocalls

    Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...

  • 05.31.18

    Derivative Sovereign Immunity for TCPA Defendant Ends Lawsuit

    Thanks to the doctrine of derivative sovereign immunity, a defendant was absolved of liability in a Telephone Consumer Protection Act (TCPA) class action by the Fourth Circuit in Cunningham v. General Dynamics Information Technology, Inc. in April 2018.

  • 05.31.18

    Claims Based on TCPA, Not Contract, Means No Arbitration

    Reversing a district court’s order to arbitrate a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Ninth Circuit determined in April 2018 in Rahmany v. T-Mobile USA, Inc. that the plaintiffs’ claims were based on violations of the statute unrelated to ...