On June 29, 2023, the Federal Communications Commission (FCC or Commission) issued a notice of proposed rulemaking clarifying how consumers may revoke consent to receive calls or texts under the Telephone Consumer Protection Act (TCPA). The FCC is accepting comments on the proposed rule until July 31, 2023.
On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant’s motion to dismiss be denied because the plaintiff had standing under the Telephone Consumer Protection Act (TCPA) even though the calls in question were not intended for the plaintiff.
On June 30, the Ninth Circuit Court of Appeals held that the plaintiff’s claims that she received five text messages to a cell number that she had placed on the National Do-Not-Call Registry satisfied the demands of Article III even though the actual user of the phone was her thirteen-year-old son.
On June 12, the Federal Trade Commission (FTC or Commission) published a request for public comment seeking comments and suggestions on effective coordination efforts with state attorneys general nationwide to help educate and protect consumers from potential fraud. This comes at the direction of the FTC Collaboration Act of 2021, which was signed into law last October by President Joe Biden.
The Collaboration Act directs the FTC to “conduct a study on facilitating and refining existing efforts with State Attorneys to prevent, publicize, and penalize frauds and scams being perpetrated on individuals in the United States.”
On June 1, the Sixth Circuit Court of Appeals issued a ruling in Dickson v. Direct Energy, LP, holding that the plaintiff’s claims that he received a single ringless voicemail (RVM) for commercial purposes satisfy the demands of Article III because his alleged injury under the Telephone Consumer Protection Act (TCPA) constitutes a concrete harm.
In Dickson, the plaintiff alleged that Direct Energy delivered multiple RVMs to his cellular phone advertising its services. RVM technology allows a party to deposit voicemails directly into a recipient’s voicemail box, without having to place a traditional call to the recipient’s wireless phone. During discovery, an expert witness concluded that of the multiple RVMs the plaintiff received, only one originated from Direct Energy. The trial court held that the plaintiff’s receipt of a single RVM did not constitute concrete harm sufficient for Article III standing because: (1) the plaintiff could not recall what he was doing at the time he received the RVM, (2) the plaintiff was not charged for the RVM, (3) the RVM did not tie up the plaintiff’s phone line, and (4) the plaintiff spent a small amount of time reviewing the RVM.
As discussed here, D.K. et al. v. United Behavioral Health et al. is a case that has been carefully watched in the health benefits space for its potential to change what health plan administrators must include in adverse benefit determination letters. On May 15, 2023, the Tenth Circuit issued its opinion affirming the district
The Sixth Circuit recently affirmed a district court’s dismissal of a Fair Debt Collection Practices Act (FDCPA) and Michigan Regulation of Collection Practices Act (RCPA) suit, holding that the plaintiff lacked standing. The litigation, Van Vleck v. Leikin, Ingber, & Winters, P.C., arose from the defendant law firm’s service of process on the plaintiff
On May 10, Florida’s Third District Court of Appeal issued an opinion in Pet Supermarket, Inc. v. Eldridge, holding that the plaintiff and putative class representative lacked standing to pursue his class action lawsuit under the Telephone Consumer Protection Act (TCPA). In Eldridge, the plaintiff visited a Pet Supermarket store where he learned
In Bemero v. Lloyd & McDaniel, PC, the U.S. District Court for the Northern District of Illinois granted a motion to dismiss in a Federal Debt Collection Practices Act (FDCPA) case where the Model Validation Notice (MVN) was undated, finding the plaintiff lacked standing because she did not allege a concrete injury.
The defendant
On May 2, the Florida legislature passed amendments to the Florida Telephone Solicitation Act (FTSA) that would drastically narrow its scope and presumably cut down on the number of class actions filed pursuant to it. The bill will take effect immediately after it is signed by Governor DeSantis.
Among other things, the proposed amendments would: