On June 1, 2015 the United States District Court for the Northern District of California granted AOL’s motion to dismiss a case seeking class action status for alleged TCPA violations based on text messages sent by AOL’s Instant Messenger service (“AIM”), and confirmation text messages sent from AOL to individuals who request not to receive… Continue reading Federal Court reaches common sense conclusion in TCPA class action against AOL
Tag: Automatic Telephone Dialing System
District Court decision supports legality of using separate system to call cell phones.
In a recent decision in the United States District Court for the Northern District of Illinois, the court held that the defendant, who used two different phone systems – an autodialer and a separate click to call system – had not violated the TCPA by using the click to call system to call cell phone numbers, because… Continue reading District Court decision supports legality of using separate system to call cell phones.
2 Recent Cases Address ATDS Definition in Helpful Way
McKenna v. WhisperText. The defendant sent text messages to the plaintiff at the direction of third parties.
Glauser v. GroupMe. The plaintiff was added to a text message group by a third party.
TCPA Compliance Case Update: Favorable ruling in California on ATDS Issue and Fax Opt Out Clarified by FCC
In the case of Marks v. Crunch Sand Diego, LLC., the court held that the defendant’s web-based system that was used to send text messages was not an automatic telephone dialing system.
TCPA Wireless Compliance Cliff: Lessons Learned One Year Later
One year ago today, significant TCPA changes involving cell phones and autodialers went into effect, forever changing our industry. So, what is the state of the regulatory environment one year after the TCPA compliance cliff?
Two recent decisions in the Ninth Circuit
Thomas v. Taco Bell Corp. the Ninth Circuit recently upheld a lower court’s decision declining to extend vicarious liability under agency principles to the defendant in the case. Sherman v. Yahoo! Inc., denied a request by the defendant to reconsider the court’s earlier order denying summary judgment.