• 07.17.19

    Eighth Circuit Tackles Unconstitutional Damages, Personal Liability and Standing in Single TCPA Case

    Conservative activist Dr. James R. Leininger, through an entity he owned, helped finance a film called Last Ounce of Courage.

  • 06.24.19

    California Court Denies Class Certification in ‘Wrong Number’ Case

    A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case where the class definition excluded the plaintiff himself.

  • 06.24.19

    Lawmakers Push Robocall Legislation

    Anti-robocall legislation continues to move forward at both the federal and state levels, with the TRACED Act easing through the U.S. Senate by an overwhelming majority and a similar bill making its way through the California Legislature.

  • 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

    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) ...

  • 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 ...

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