Newsletters

03.21.17

Defendant’s Calling System Ruled Not an Autodialer

A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because there was significant human involvement in dialing phone numbers.


02.23.17

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case

Retailers communicate with their customers frequently as an essential part of their business.


02.17.17

Case Not Moot Even After Rule 67 Funds Deposited

Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to Federal Rule of Civil Procedure 67?


01.26.17

SPECIAL FOCUS: FCC Under Pai: Implications for the TCPA

On January 23, 2017, President Trump appointed Commissioner Ajit Pai to serve as the next chairman of the Federal Communications Commission (FCC).


01.18.17

California TCPA Defendant Gets Mixed Rulings

A California federal court judge issued a pair of rulings resulting in a split decision for Telephone Consumer Protection Act defendant Dick's Sporting Goods.


12.20.16

Defendant’s Attempt to Moot TCPA Suit Fails (Again)

A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute despite offering the plaintiff $46,500 and promising to refrain from future violations.


11.15.16

D.C. Circuit Hears Argument on FCC Petitions

On October 19, Judges Srinivasan and Pillard and Senior Judge Edwards of the D.C. Circuit heard argument in ACA International v. FCC, which addressed several consolidated petitions, including those by the U.S. Chamber of Commerce and Sirius XM, challenging the Federal Communications ...


10.18.16

New Record Deal Reached in TCPA Settlement

In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise marketing companies to pay up to $76 million to two classes of call recipients.


10.13.16

California's DBO Hits LendUp With Action, Fine

California's Department of Business Oversight (DBO) reached a $2.68 million settlement with LendUp recently, a deal based on the regulator's allegations that the firm charged illegal fees and committed other "widespread" violations of state law.


10.13.16

California's DBO Hits LendUp With Action, Fine

California's Department of Business Oversight (DBO) reached a $2.68 million settlement with LendUp recently, a deal based on the regulator's allegations that the firm charged illegal fees and committed other "widespread" violations of state law.