Western District of Michigan split on what constitutes an Automatic Telephone Dialing System under the Telephone Consumer Protection Act.
Tag: Litigation
Wisconsin Federal Court Vicarious Liability Ruling Could Spell Trouble for Platform Providers
A Wisconsin court issued a ruling this month that could result in more TCPA lawsuits against automated calling and texting platform providers. In the court’s ruling on Cunningham v. Montes, the court held that under the TCPA, providers of autodialing services can be held liable under vicarious liability for unlawful calls made using their platform. The lawsuit… Continue reading Wisconsin Federal Court Vicarious Liability Ruling Could Spell Trouble for Platform Providers
TCPA Debt Exemption Ruled Unconstitutional
In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption “unconstitutional” and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act). It was May… Continue reading TCPA Debt Exemption Ruled Unconstitutional
FCC In Crisis: Seeks New TCPA Interpretation
FCC releases public notice seeking comments on reinterpreting the TCPA. March’s court ruling in ACA International v. FCC invalidated their interpretations of the TCPA. Now they are questioning the extent of their authority.
Vroom Wins TCPA Text Messaging Lawsuit
Vroom, Inc., an online car retailer, received a favorable ruling from the Southern District of Florida in March that is good news for business that use automated text messaging. The lawsuit dealt with the issue of consent and the type of consent required as defined by the TCPA.
Strict ATDS Definition Results In TCPA Court Win
In Marshall v. The CBE Group, Inc. the plaintiff filed a TCPA lawsuit alleging that The CBE Group had called her using an ATDS. Citing the recent ACA v. FCC decision and stating that it would apply a strict definition of an ATDS, the court held that CBE’s, “communications infrastructure does not constitute an ATDS.”
DC Circuit Issues Decision On The FCC’s 2015 TCPA Order
On Friday, March 16, 2018, the D.C. Circuit at last issued its long awaited decision on the challenge to the FCC’s 2015 Omnibus Declaratory Ruling and Order. The court’s decision addressed claims that the FCC exceeded its authority in defining key elements of the TCPA.
TCPA Debt Collections Lawsuit Reinstated Against Creditor
The Ninth Circuit Court of Appeals reinstated a TCPA lawsuit previously dismissed for lack of Article III standing. The court’s decision to reinstate this lawsuit has important implications for defendants who challenge the TCPA at the pleading stage.
5 Simple Tips Help Telemarketers Win TCPA Lawsuits
Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. Here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court.
TCPA Healthcare Exception Tested in Court
The Healthcare Exception to the TCPA had its day in court this month. In their decision, the U.S. Court of Appeals for the Second Circuit issued a broad interpretation for automated calls delivering healthcare messages.