Breaking – U.S. Supreme Court Narrowly Interprets TCPA Autodialer Definition
4/1/21
By: Matt Foree
As we have discussed previously HERE and HERE, the Supreme Court of the United States has been considering an important Telephone Consumer Protection Act (“TCPA”) case concerning the statutory definition of “automatic telephone dialing system” (“ATDS”) …
Supreme Court Hears TCPA Case on Autodialer Definition
1/22/21
By: Matthew Foree
The Supreme Court of the United States recently heard an important Telephone Consumer Protection Act (“TCPA”) case concerning the statutory definition of “automatic telephone dialing system” (“ATDS”). Whether a person used an ATDS can be a basis for …
Car Dealerships Settle Costly TCPA Text Marketing Class Action
11/19/20
By: Matthew Foree
The United States District Court for the Northern District of Oklahoma recently granted final approval of a Telephone Consumer Protection Act (“TCPA”) class action settlement involving several automobile dealerships. The case is King v. Classic Chevrolet, …
Eleventh Circuit Rejects Class Action Representative’s Incentive Award
10/12/20
By: Matthew Foree
The Court of Appeals for the Eleventh Circuit recently confronted the issue of incentive awards commonly given to class representatives as part of class-wide settlements. The court held in Johnson v. NPAS Sols., LLC, which can be …
Supreme Court to Hear TCPA Case on Autodialer Definition
8/18/20
By: Matthew Foree
The Supreme Court of the United States recently announced that it will consider an important Telephone Consumer Protection Act (“TCPA”) case concerning the problematic statutory definition of “automatic telephone dialing system” (“ATDS”). Information about the case, Facebook, Inc. …
BREAKING – Supreme Court Severs Government-Debt Exception From TCPA
7/7/20
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its decision in Barr vs American Association of Political Consultants, Inc. As we reported earlier here, this case deals with the constitutionality of the government-debt exception to …
Supreme Court to Hear Arguments Remotely, Including TCPA Constitutional Challenge
4/16/20
By: Matthew Foree
This week, the United States Supreme Court announced that it would hear oral arguments remotely for the first time in its history. The Court will hear oral arguments by telephone conference on certain dates in May in …
Breaking – Eleventh Circuit Holds No TCPA Standing For Receipt of Single Unsolicited Text Message
8/29/19
By: Matthew Foree
In Salcedo v. Alex Hanna, the U.S. Court of Appeals for the Eleventh Circuit has just issued a major decision holding that receipt of a single unsolicited text message does not establish standing under the Telephone Consumer …
Fourth Circuit Affirms $61 Million TCPA Judgment
6/18/19
By: Matt Foree
The United States Court of Appeals for the Fourth Circuit recently affirmed a judgment based on a jury verdict of over $61 million for illegal telemarketing calls made under the Telephone Consumer Protection Act (“TCPA”). As a …
Largest Jury Verdict in TCPA History: Defendant Faces $925 Million in Damages
4/18/19
By: Jennifer Lee
On Friday, April 12, 2019, a federal jury in Oregon rendered a verdict in a certified class action that could leave ViSalus, Inc. on the hook for $925 million for making more than 1.85 million unsolicited robocalls …
Bipartisan TRACED Act Enhances Penalties for Illegal Robocalls
12/7/18
By: Matt Foree
U.S. Senator John Thune (R-S.D.), the chairman of the Senate Committee on Commerce, Science and Transportation, and Senator Ed Markey (D-Mass.), a member of the committee and author of the Telephone Consumer Protection Act (“TCPA”), recently announced …
Ninth Circuit Compounds ATDS Confusion in TCPA, Causing FCC to Seek Further Comment
10/8/18
By: Matt Foree
As we previously discussed in the ACA International decision, the U.S. Court of Appeals for the D.C. Circuit recently rejected the Federal Communications Commission’s (“FCC”) guidance concerning the definition of automatic telephone dialing system (ATDS), one …