Eleventh Circuit Rejects Class Action Representative’s Incentive Award
10/12/20
By: Matthew Foree
The Court of Appeals for the Eleventh Circuit recently confronted the issue of incentive awards commonly given to class representatives as part of class-wide settlements. The court held in Johnson v. NPAS Sols., LLC, which can be …
Supreme Court to Hear TCPA Case on Autodialer Definition
8/18/20
By: Matthew Foree
The Supreme Court of the United States recently announced that it will consider an important Telephone Consumer Protection Act (“TCPA”) case concerning the problematic statutory definition of “automatic telephone dialing system” (“ATDS”). Information about the case, Facebook, Inc. …
BREAKING – Supreme Court Severs Government-Debt Exception From TCPA
7/7/20
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its decision in Barr vs American Association of Political Consultants, Inc. As we reported earlier here, this case deals with the constitutionality of the government-debt exception to …
Breaking – Eleventh Circuit Holds No TCPA Standing For Receipt of Single Unsolicited Text Message
8/29/19
By: Matthew Foree
In Salcedo v. Alex Hanna, the U.S. Court of Appeals for the Eleventh Circuit has just issued a major decision holding that receipt of a single unsolicited text message does not establish standing under the Telephone Consumer …
Largest Jury Verdict in TCPA History: Defendant Faces $925 Million in Damages
4/18/19
By: Jennifer Lee
On Friday, April 12, 2019, a federal jury in Oregon rendered a verdict in a certified class action that could leave ViSalus, Inc. on the hook for $925 million for making more than 1.85 million unsolicited robocalls …
Bipartisan TRACED Act Enhances Penalties for Illegal Robocalls
12/7/18
By: Matt Foree
U.S. Senator John Thune (R-S.D.), the chairman of the Senate Committee on Commerce, Science and Transportation, and Senator Ed Markey (D-Mass.), a member of the committee and author of the Telephone Consumer Protection Act (“TCPA”), recently announced …
Ninth Circuit Compounds ATDS Confusion in TCPA, Causing FCC to Seek Further Comment
10/8/18
By: Matt Foree
As we previously discussed in the ACA International decision, the U.S. Court of Appeals for the D.C. Circuit recently rejected the Federal Communications Commission’s (“FCC”) guidance concerning the definition of automatic telephone dialing system (ATDS), one …
BREAKING – D.C. Circuit Sets Aside Key Portions of FCC Ruling in Long-Awaited TCPA Decision
3/20/18
By: Matthew N. Foree
The United States Court of Appeals for the District of Columbia Circuit has finally issued its decision in the appeal of the Federal Communication Commission’s July 2015 Declaratory Order regarding the Telephone Consumer Protection Act. The …
Members of Congress Seek TCPA Revisions
8/18/14
By: Matthew N. Foree
Ten members of Congress have recently submitted correspondence to the Chairman of the Federal Communications Commission (“FCC”) urging the FCC to revise the Telephone Consumer Protection Act (“TCPA”). They frame the issue at stake as “a …
TCPA Class Action on Opt-Out Confirmation Text Messages Dismissed
7/15/13
By: Matt Foree
A U.S. District Court in California recently dismissed a putative class action under the Telephone Consumer Protection Act (TCPA). See Holt v. Redbox Automated Retail, LLC, Case No. 11cv3046 (S.D. Cal. 2013). The matter concerned Defendant …
