• 09.24.18

    Special Alert: Ninth Circuit Rules on ACA International

    As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision earlier this year, in which the D.C. Circuit set aside the Federal ...

  • 08.30.18

    Illinois Court Severs Nonresidents From TCPA Class

    The Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California continues to pay dividends for Telephone Consumer Protection Act (TCPA) defendants, as another Illinois federal court agreed that the opinion prevented it from certifying a nationwide class of ...

  • 08.30.18

    Sixth Circuit: Death, Taxes and TCPA Claims

    A Telephone Consumer Protection Act (TCPA) claim survives the death of the plaintiff, the U.S. Court of Appeals, Sixth Circuit has ruled, declaring the statute is “remedial” in nature and not penal.

  • 08.30.18

    Eleventh Circuit Refuses to Bind Nonsignatory to Arbitration Agreement

    A nonsignatory to an agreement is not bound by an arbitration provision contained in the contract, the U.S. Court of Appeals, Eleventh Circuit determined in a case involving the Telephone Consumer Protection Act (TCPA).

  • 08.30.18

    Cash, Vouchers Totaling $1.4M Settle Text Ad Suit

    Using a combination of cash and gift cards, Bloomingdale’s agreed to pay a total of $1.4 million to settle a Telephone Consumer Protection Act (TCPA) suit arising over text messages.

  • 08.30.18

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

    As we have previously reported, the recent 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) ...

  • 08.30.18

    Republicans Take a Turn Reaching Out to FCC

    In the wake of the major shake-up resulting from the D.C. Circuit’s recent decision, ACA International v. FCC, the Federal Communications Commission (FCC) released a public notice requesting comment on how the agency should interpret the Telephone Consumer Protection Act (TCPA) moving ...

  • 08.07.18

    Eleventh Circuit Refuses to Compel Arbitration in TCPA Dispute

    An unsigned agreement put an end to a Telephone Consumer Protection Act (TCPA) defendant’s attempt to compel arbitration of the suit, the U.S. Court of Appeals for the Eleventh Circuit recently decided.

  • 08.07.18

    Defendant’s Testimonial Evidence of Obtaining Consent Precludes Class Certification

    In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class certification be denied, relying primarily on evidence showing the defendant ...

  • 08.07.18

    Senators Push FCC for TCPA Protections

    In a letter to Federal Communications Commission (FCC) Chair Ajit Pai, a group of 14 senators urged the agency to adopt “important consumer safeguards” in the wake of the ACA International v. FCC decision.