In a case of first impression, the United States District Court for the Western District of Michigan held that direct-to-voicemail messages qualify as a “call” under the Telephone Consumer Protection Act. The Court’s opinion thus subjects another modern technology to the requirements of express consent and other strictures of the TCPA.
Defendant debt collector Dyck-O’Neal,
On May 3, the U.S. Chamber of Commerce and 17 trade groups filed a petition with the Federal Communications Commission for a declaratory ruling seeking a narrow definition of an automatic telephone dialing system, or “ATDS” – one of the key components of liability under the Telephone Consumer Protection Act.
The decision follows the D.C.
Please join us on Tuesday, April 17th from 2:00 – 3:00 PM ET for a complimentary webinar with speakers Chad Fuller, David Gettings, Alan Wingfield and Virginia Bell Flynn.
So often the defense of consumer class actions focuses on the substance of the law. Was my consumer report accurate? Was my collection letter misleading or
On March 12, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana tossed a plaintiff’s putative class action lawsuit against the American Heart Association (“AHA”), Anthem Foundation, Inc., and Anthem, Inc. under the Telephone Consumer Protection Act relating to text messages sent to a consumer following her
Please join us on Tuesday, March 20th from 3:30 – 5:00 ET, as Troutman lawyers who have been on the front lines offer their take on the implications for litigation and compliance arising from the new appeals decision regarding the scope of the Telephone Consumer Protection Act (TCPA).
On March 16, 2018, the U.S.
The Federal Communications Commission announced on March 6 that it would vote at a March 22 meeting on a proposal to create a database of phone numbers that have been reassigned. Reassigned phone numbers are those numbers initially belonging to an individual that are given up or relinquished (usually through account inactivation) and are then
n a ruling that could have major implications for patient outreach by the health care industry, on January 22, 2018, the Northern District of Ohio held that prescription reminder calls are exempted from liability under the Telephone Consumer Protection Act’s (TCPA) “emergency purposes” exception. If this ruling is followed by other courts, the long-term effect
As we previously reported, last year the United States District Court for the Middle District of North Carolina trebled a jury verdict against DISH Network L.L.C., resulting in a $61 million damages award. Following the jury verdict, the Court asked class counsel to devise a means for identifying class members.
DISH’s records, referred to
In the past several years, Dish Network, LLC has found itself a target of several class actions for violations of the Telephone Consumer Protection Act. Earlier this year, a jury found Dish Network liable for TCPA violations arising from telemarketing calls. The North Carolina District Court trebled the jury verdict, resulting in a $61 million
On August 29, yet another Telephone Consumer Protection Act class action was filed in the Middle District of Florida. This suit, however, is a bit different than others that we have seen.
In Gillmore v. Lokey Automotive Group, Inc., the complaint alleges that text messages sent to the plaintiff April Gillmore by an automobile dealership