The Federal Communications Commission (FCC) issued a noteworthy order on June 25, 2020, in its continuing interpretation of the Telephone Consumer Protection Act (TCPA). In its order, the FCC confirmed many courts’ existing interpretation of the TCPA, noting that any text platform that requires manual entry of telephone numbers and manual launching of texts on
On June 15, a court in the United States District Court for the Southern District of Indiana granted summary judgment in favor of a Telephone Consumer Protection Act class defendant based on the Seventh Circuit’s seminal decision in Gadelhak. The decision puts an end to a previously-certified class of more than 4,300 members.
Plaintiff
A New York franchise motor vehicle dealer agreed in May to pay $1.5 million to the Federal Trade Commission to settle charges that the dealership discriminated against African-American and Hispanic consumers and engaged in other unfair and deceptive practices.
In a complaint filed in the United States District Court for the Southern District of New
The Supreme Court of New Jersey recently issued a decision that extends the applicability of the state’s Retail Installment Sales Act (“RISA”) to service contracts, even those that do not include a financing arrangement. This decision could have a wide reaching effect on companies that provide services to New Jersey consumers – companies that perhaps
On May 13, a federal court in the United States District Court for the Northern District of California granted a defendant’s motion to dismiss in a putative class action brought under the Telephone Consumer Protection Act. The Court dismissed the plaintiff’s claims that the defendant, an e-commerce provider that offers a texting platform to
Please join Troutman Sanders attorneys, Virginia Flynn, Chad Fuller, Alan Wingfield, and Brooke Conkle for the Complimentary Webinar “Hot Topics for Calling in the Time of COVID-19,” on Wednesday, May 20, 2020 at 3:00 p.m. EDT.
This webinar will cover the landmark decisions rendered by the Second, Seventh, and Eleventh Circuits in
On Wednesday, April 15, the Supreme Court of the United States announced its schedule for the cases to be argued by telephone, including Barr v. American Association of Political Consultants. The Court will hear oral argument on Wednesday, May 6, with Barr the second of two cases to be heard on the Court’s
The Supreme Court of the United States announced on Monday, April 13, that it would hear oral argument by telephone in a number of key cases remaining in the Court’s October 2019 Term. Among these cases is Barr v. American Association of Political Consultants, which was originally scheduled to be heard on April 22.
On April 7, 2020, the Second Circuit added more uncertainty to the Telephone Consumer Protection Act (“TCPA”) with its decision on the meaning of an automatic telephone dialing system (“ATDS”) in Duran v. La Boom Disco, Inc. Breaking from recent Seventh and Eleventh Circuit decisions, which followed the statutory language in requiring random and
On Monday, March 23, Democratic Sen. Cory Booker (N.J.) and Sen. Sherrod Brown (D-Ohio) introduced a measure that would suspend overdraft fees during the coronavirus (“COVID-19”) outbreak and other national emergencies. The Stop Overdraft Profiteering Act (the “Act”) would prevent banks from imposing overdraft fees for a six-month period following a national emergency or disaster.