With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.
As
The United States District Court for the Middle District of Pennsylvania recently held that a pro se plaintiff failed to plead facts sufficient to demonstrate that an agency relationship existed. This holding reinforced the need for specificity in Telephone Consumer Protection Act claims that allege vicarious liability.
In Robert D. Kline v. Elite Medical Laboratories
Constitutional challenges to the Telephone Consumer Protection Act may be coming to a head. In a series of rulings this year, courts around the country have struck down an exception to the TCPA’s prohibition against auto-dialed calls to cell phones. Several litigants have filed petitions asking the United States Supreme Court to review these decisions.
Consent and revocation of consent are the mainstay issues in Telephone Consumer Protection Act litigation. On December 11, the United States District Court for the Southern District of Georgia reminded litigants of the requirements to assert a claim under the TCPA.
In Oatman v. Augusta Collection Agency, plaintiff Junior Oatman sued collection company Augusta
In Kempton v. Life for Relief & Dev. Inc., plaintiff Ty Kempton initially filed a class action complaint alleging violations of the Telephone Consumer Protection Act in the United States District Court for the Eastern District of Michigan. When faced with the possibility of an adverse ruling, Kempton voluntarily dismissed his claim and refiled
As the world waits to see whether the United States Supreme Court will consider the constitutionality of the Telephone Consumer Protection Act, a magistrate judge in the United States District Court for the Southern District of Florida recently weighed in on the issue, denying a defendant’s motion to dismiss a class action where the defendant
After two and a half years of litigation in the Southern District of New York, the Court entered judgment against Credit One Bank, N.A. on November 22 for violations of the Telephone Consumer Protection Act.
The case presented a variety of contentious TCPA issues, including: (1) whether calling a phone number previously belonging to a
Never before has a defendant won a trial in a certified Telephone Consumer Protection Act case. Astonishingly, this losing streak finally came to an end this month in Lyngaas v. Curaden AG, et al., where defendants Curaden AG and Curaden USA convinced the Court during the bench trial of a certified TCPA junk fax
Legislation aimed at curbing illegal robocalls that are sweeping the nation has been on the minds of lawmakers for most of 2019, with both chambers of Congress passing their own versions of legislation by overwhelming majorities. In May, the Senate passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, S. 151, by
In recent years, courts nationwide have grappled with the statutory definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). While many courts have adhered to the statutory text by requiring a telephone to be capable of random or sequential number generation to qualify as an ATDS, other courts have
