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High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims

WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan....

Fulbright Briefing: Supreme Court Finds Federal Question Jurisdiction Over TCPA Claims

The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow Financial Services, LLC , reversing the decision...

Fulbright Briefing: Telephone Consumer Protection Act Claims May be Brought in Federal Court, Supreme Court Rules

The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow Financial Services, LLC , reversing the decision...

Reed Smith LLP on Developments and New Directions in Coverage for Claims Related to the Telephone Consumer Protection Act

By John S. Vishneski, III and Robert Deegan, Attorneys, Reed Smith LLP The Telephone Consumer Protection Act (the "TCPA"), 47 U.S.C. § 227, et seq . , protects consumers from unwanted calls, faxes, and text messages. This commentary first looks at insurance coverage claims relating...

Will the Calls Ever Stop? Telephone Consumer Protection Act Offers Help

When the Telephone Consumer Protection Act of 1991 was enacted, it offered a means to counter the actions of both telemarketers and aggressive collection agencies. By placing limitations on robo-calls, the Act gave consumers potential for relief from the automatic calls placed by companies to both landlines...

Sallie Mae Reaches $24 Million Settlement In Telephone Debt Collection Class Action

SEATTLE - (Mealey's) Student loan borrowers and a subsidiary of SLM Corp. on Sept. 17 agreed to settle claims that the subsidiary violated the Telephone Consumer Protection Act (TCPA) by making a number of non-emergency autodialed calls and/or automated text messages to the borrowers' cellular...

Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages

Have you ever received unsolicited advertising in the form of a text message? These forms of solicitations may be illegal under the Telephone Consumer Protection Act ("TCPA") which restricts telephone solicitations and the use of automated telephone equipment. The TCPA also limits the use of...

Reminder: Telephone Consumer Protection Act Rules Change October 16, 2013

Effective October 16, 2013 anyone who uses an automatic telephone dialing system or leaves an artificial or prerecorded voice message to market products and services must demonstrate they have “prior express written consent” to call using those technologies. Any authority to call “an...

Illinois Court Holds Junk Fax Claim Not Within Products Coverage

In its recent decision in Windmill Nursing Pavilion v. Cincinnati Ins. Co ., 2013 IL. App. (1st) 122431, [ enhanced version available to lexis.com subscribers ], the Appellate Court of Illinois, First District, had occasion to consider the scope of products-completed operations coverage as it relates...

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing instructions for activating such membership, a Washington federal court...

FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

The Federal Communications Commission (FCC) has adopted two declaratory rulings that ease some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational text messages. As a result of the first ruling, companies may now rely on representations...

New Decision Provides Hope for Common-Sense Application of TCPA, but the High-Stakes Debate Over the Scope of the TCPA Will Continue

By David N. Anthony , Chad R. Fuller , John C. Lynch , Alan D. Wingfield , and Virginia Bell Flynn On Thursday, March 21, 2014, the Eastern District of Pennsylvania in Dominguez v. Yahoo!, Inc. , [ enhanced version available to lexis.com subscribers ], held that Yahoo did not violate the Telephone...

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways

By Perrie Michael Weiner , Anahit Tagvoryan and Esteban Morales Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...

Eleventh Circuit Finds Plaintiff Must Show Defendant’s Actual Knowledge of Violation for Treble Damages Under TCPA

by Naomi Spector and Alan D. Wingfield In Lary v. Trinity Physician Fin. & Ins. Servs., et al. , Case No. 14-11036, the Eleventh Circuit narrowly interpreted the “willfully or knowingly” provision of the Telephone Consumer Protection Act (“TCPA”), which gives rise to treble...

Consumer Lawsuits and Complaint Activity Increase During Early 2015

by Tim J. St. George , David M. Gettings and David N. Anthony Lawsuits filed by consumers under the Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act all increased from February to March 2015, according to the latest report from WebRecon. FDCPA...

U.S. High Court Accepts Appeal Of Suit Over Unsolicited Navy Texts

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 agreed to hear the appeal filed in a lawsuit against a company allegedly responsible for instructing or allowing a third-party vendor to send unsolicited text messages on behalf of the U.S. Navy ( Campbell-Ewald Company v. Jose...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

SCOTUS Returns to Unanswered Question from Symczyk

Remember the FLSA "pick-off" case? In Genesis Healthcare v. Symczyk, the Court held that if an FLSA collective action becomes moot as to the only plaintiff (before additional plaintiffs were added), then the entire claim becomes moot (and the case is dismissed) [ an enhanced version of this...

FCC Passes New Declaratory Rule Clarifying and Interpreting TCPA Generally Unfavorably to Defendants

by David N. Anthony , Alan D. Wingfield , Chad Fuller and Tim J. St. George On June 18, 2015, the Federal Communications Commission (“FCC”) voted 3-2 to approve an order that promises to have major and negative impacts on companies who use modern telephone technology to text and call consumers...

DLA Piper: FCC Approves Order On 21 Pending Petitions Seeking Clarification Of The TCPA: Key Points

By Lesli C. Esposito and John D. Huh In a vote of three to two, with voting falling along political party lines, the Federal Communications Commission approved an order addressing 21 pending petitions seeking clarifications of various aspects of the Telephone Consumer Protection Act (TCPA or Do-Not...

FCC Issues Sweeping Order Expanding Reach of the Telephone Consumer Protection Act

by Justin Brandt , Alan D. Wingfield , David N. Anthony , Chad Fuller , Virginia Bell Flynn and David M. Gettings On Friday, July 10, the Federal Communications Commission enacted major changes and clarifications to the Telephone Consumer Protection Act of 1991 (“TCPA”). Approved on a...

FCC’s TCPA Order Immediately Challenged in Court

by Justin Brandt , Alan D. Wingfield and Chad Fuller As Troutman Sanders LLP previously reported , earlier this month the Federal Communications Commission issued a sweeping 147-page Declaratory Ruling and Order expanding the definition of an automatic telephone dialer system (ATDS), clarifying revocation...

FCC Levies Record $2.96 Million Fine Against Florida Company for Autodialed Calls

by Justin Brandt , Alan D. Wingfield and Chad Fuller On August 11, the Federal Communications Commission handed down a $2.96 million fine against Travel Club Marketing Inc., related entities, and owner Olen Miller (collectively “Travel Club”), the largest fine in FCC history related to...

Ballard Spahr LLP: The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of class actions under the Telephone Consumer Protection Act. Other plaintiffs’...

Federal Judge Tosses TCPA Lawsuit Against Telemarketer on Behalf of Charity

A new federal court decision provides important guidance to nonprofits and their vendors in using automatic dialers to place fundraising calls. On September 21, Judge Matthew Leitman of the United States District Court for the Eastern District of Michigan granted summary judgment in favor of Defendant...