A judge in the Eastern District of Pennsylvania recently granted summary judgment for defendant JR Capital upon finding that the text messages at issue were sent to a business line, not a “residential” phone number. See Newell v. JR Capital,
TCPA Blog
The TCPA Blog, published by Faegre Drinker Biddle & Reath, focuses on legal developments and case law related to the Telephone Consumer Protection Act (TCPA). It covers topics such as class certification challenges in TCPA litigation, interpretations of consent and solicitation under the TCPA, applicability of Do-Not-Call regulations to text messages, and judicial rulings on automated telephone solicitations. The blog also discusses appellate decisions that clarify the scope and limitations of the TCPA, including issues involving political communications and legislative constituent outreach. It serves as a resource for understanding enforcement trends and legal standards in TCPA-related matters.
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Seventh Circuit Finds that Private Right of Action for Do-Not-Call Violations Does Not Apply to Text Messages
The Seventh Circuit has become the first federal circuit court of appeals to address whether the TCPA’s Do-Not-Call provision, 47 U.S.C. § 227(c)(5), creates a private right of action for unwanted text messages, holding that it does not and that…
Defendants’ Alleged Self-Identification and the Rule 12(b)(6) Pleading Standard
The Northern District of California recently let most of a plaintiff’s TCPA claims survive a motion to dismiss, a timely reminder of the federal courts’ plausibility standard. The case is Koeller v. TD Synnex Corp., No. 26-1102, 2026 WL 1963045…
Southern District of Ohio Finds No Private Right of Action for Caller ID Violations
Among its various restrictions, the TCPA makes it unlawful “to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.” 47 U.S.C. § 227(e)(1). A single violation…
Washington Federal Court Dismisses TCPA Claims, Finding Insufficient Allegations of Vicarious Liability
A federal court in Washington recently dismissed TCPA claims against two insurance companies where the plaintiff failed to plausibly allege their vicarious liability. See Sundstrom v. Ocean Reef Media LLC, No. 26-5036, 2026 WL 1361646 (W.D. Wash. May 15, 2026).…
W.D. Texas Dismisses TCPA Claims at Pleading Stage for Failure to Adequately Allege Vicarious Liability
A federal court in Texas recently granted a motion to dismiss TCPA claims where the plaintiff failed to plausibly allege that unidentified third-party telemarketers were acting as agents of the defendant, a question that is more often tested at summary…
Ohio Federal Court Rules TCPA’s DNC Provision Doesn’t Permit Text Message Lawsuits
A federal judge in the Northern District of Ohio recently held that text messages are not subject to the TCPA’s Do-Not-Call provision because they are not “calls” within the meaning of the statute. Stockdale v. Skymount Prop. Grp., LLC, et…
Courts in Eleventh Circuit Find No Private Right of Action Under 227(c) for Texts
District courts in the Eleventh Circuit are increasingly finding that the private right of action for violation of the TCPA’s Do-Not-Call provisions does not apply to text messages. More recently, three judges in that Circuit dismissed claims under 47 U.S.C.…
Fifth Circuit Find’s FCC’s “Prior Express Written Consent” Rule Exceeded Its Statutory Authority
The Fifth Circuit has rejected the FCC rule that has imposed a heightened “prior express written consent” requirement—a requirement found nowhere in the TCPA’s plain language—for more than a decade. See Bradford v. Sovereign Pest Control of Texas, Inc., No.…
TCPA Case Tossed Because Defendant’s Unequivocal Records Trumped Plaintiff’s Equivocal Recollection
A Texas district court entered summary judgment against a plaintiff who had brought TCPA claims against a debt collector, finding no genuine issue of fact because the plaintiff’s recollection was equivocal and the defendant’s records were not. The case is…