Newsletters

05.01.19

Congress Juggles TCPA Bills As TRACED Act Gains Momentum

Momentum continues to build for Telephone Consumer Protection Act (TCPA) legislation, with several bills pending in Congress and dozens of lawmakers signing on to support the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act.


05.01.19

Gym Dodges Class Certification in TCPA Suit—Twice

Finding a lack of typicality, a Florida federal court denied class certification to a plaintiff suing a gym over text messages.


05.01.19

Informational Fax Not an Ad, Court Rules

A fax sent by the defendant was “merely informational” and not an unsolicited advertisement, a Pennsylvania federal court has ruled.


05.01.19

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

One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic telephone dialing system guidance, courts remain split on what ...


03.26.19

Medical Fax More Than Recruitment, Could Be an Ad, Says WDNY Judge

Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s motion to dismiss in Lackawanna Chiropractic v. Tivity Health ...


03.26.19

Text Broadcaster May Be Liable Under TCPA, Says Nevada Federal Judge

In February 2019, Twilio, a cloud communications software company, was unable to convince a Nevada federal court to dismiss a putative Telephone Consumer Protection Act (TCPA) class action filed against the company and a Las Vegas-based theater company that had engaged Twilio’s services, as ...


03.26.19

Texting Platform Company Defeats Summary Judgment in Texas

In Franklin v. Upland Software Inc., a federal magistrate judge in Texas denied a summary judgment motion against a texting software platform, finding that the platform could not be held liable under the Telephone Consumer Protection Act (TCPA).


03.26.19

Caribbean Cruises Away From Class Certification in Illinois Federal Court

Caribbean Cruise Line—a frequent subject of this newsletter—sailed away from class certification in another putative Telephone Consumer Protection Act (TCPA) class action, successfully persuading a federal judge in the Northern District of Illinois that the plaintiff was an inadequate ...


03.26.19

Florida Federal Court Denies Defendant’s Motion to Compel Arbitration

In Ramos v. PF Homestead LLC, a Florida federal court refused to send a Telephone Consumer Protection Act (TCPA) case to arbitration, rejecting the defendant’s attempt to rely on the arbitration provision in a canceled gym membership agreement.


03.26.19

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

Months after the ACA International 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) guidance, courts remain split on ...