LexisNexis® Legal Newsroom
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...

Voluntarily Providing Cell Phone Number Gives Text Message Consent under TCPA, California and Florida Federal Courts Rule

A consumer who voluntarily provides a cell phone number in the course of a transaction has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages from the entity to which the number was given, federal courts in California and Florida recently...

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...

Dish Network Gets Served: An Illinois Court Finds Massive Exposure for Violations of Telemarketing and Do-Not-Call Restrictions

by Alan D. Wingfield , Chad Fuller , Naomi Spector and Virginia Bell Flynn On December 12, 2014, an Illinois federal judge found Dish Network LLC liable for participating in millions of unwanted telemarketing sales calls, where Dish Network could be subject to penalties exceeding $1 billion. Specifically...

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...

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...

D&O Policies: A Possibility for TCPA Coverage?

Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at least $500 for each fax, text or call. The prospect of lucrative recoveries...