Calls exempt from the Telephone Consumer Protection Act (“TCPA”) will soon be subject to call volume limits. At the close of 2020, the Federal Communications Commission (“FCC”) issued new guidance capping the number of artificial or prerecorded voice calls that may be made to residential phone lines without prior express consent.
The FCC’s Report and
On appeal in Grigorian v. FCA US LLC, the Eleventh Circuit affirmed the holding of Judge Cooke, of the United States District Court for the Southern District of Florida, that Mariam Grigorian (“Mariam”), Plaintiff and Appellant, lacked Article III standing in her Telephone Consumer Protection Act claim against FCA US, LLC (“FCA”), Defendant and
On December 4, 2020, the Eleventh Circuit issued a ruling in Lucoff v. Navient Solutions, LLC, et al., holding Lucoff’s oral revocation of consent to be contacted under the Telephone Consumer Protection Act (“TCPA”) followed by re-consenting to be contacted minutes later via an online form was valid consent under the TCPA.
Lucoff was
The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a random or sequential number generator.
Background
In its late 2018 Marks decision, the Ninth Circuit found that storage of
On Tuesday, December 8, the U.S. Supreme Court will hear oral arguments in the Duguid v. Facebook case to decide, once and for all, whether an automatic telephone dialing system (“ATDS”), as defined in the Telephone Consumer Protection Act (“TCPA”), requires random or sequential number generation. The case is poised to resolve a considerable circuit
The Tenth Circuit recently confirmed in a Telephone Consumer Protection Act class action that a plaintiff has to provide more than a list of potential plaintiffs’ names to certify a class.
The Tenth Circuit appeal in Rivera v. Exeter Finance Corp., No. 20-1031 (10th Cir. Nov. 23, 2020), affirmed the District of Colorado’s denial
The Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) regarding the amendment of the exemptions under the Telephone Consumer Protection Act (“TCPA”) allowing some entities to make calls using automated telephone dialing systems or artificial or pre-recorded voices, which could possibly include debt collection calls. The comment period has since closed.
In
In Johnson v. NPAS Sols., LLC, No. 18-12344 (11th Cir. Sep. 17, 2020), the Eleventh Circuit (the “Court”) found a series of errors in an order entered by the Southern District of Florida approving the settlement of a class action alleging violations of the Telephone Consumer Protection Act. Significantly, the Court invalidated the
In Odom v. ECA Mktg., No. 5:20-cv-00851-JGB-SHK (C.D. Cal. Aug. 20, 2020), the Central District of California (the “Court”) permitted a claim for willful violation of the Telephone Consumer Protection Act (“TCPA”) to go forward even though it is undisputed that the plaintiff received only a single marketing call.
The plaintiff, Ryan Odom, alleges
Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) in Hampton v. Barclays Bank Del. The Court concluded the TCPA only applies to equipment that randomly or sequentially generates telephone numbers to be called and does not apply to dialers