On March 16, the FCC adopted a Report and Order setting the first regulations targeted at preventing scam text messages sent to consumers, relying on its authority provided by the TCPA. Mobile wireless providers are required to block texts, at
TCPA Defense Force Blog
The TCPA Defense Force Blog, published by Womble Bond Dickinson (US) LLP, focuses on legal issues related to the Telephone Consumer Protection Act (TCPA). It covers topics such as the interpretation of prerecorded voice messages, consent requirements for fax and telemarketing communications, standing to sue for unwanted text messages, and the scope of telephone solicitation under the TCPA. The blog also discusses related litigation and regulatory developments, including court decisions on reasonable investigations under the Fair Credit Reporting Act and the authority of employees to consent to communications. It provides analysis of case law and practical implications for compliance and defense strategies in TCPA matters.
Latest from TCPA Defense Force Blog - Page 3
Recent Court Decision Inverts ATDS Pleading Standard in TCPA Litigation
Written by Dwayne Sam
In Shank v. Givesurance Insurance Services, Inc., Plaintiff alleged that Givesurance, as an agent for Progressive Casualty Insurance Company and Progressive West Insurance Company (collectively “Progressive”), placed a telemarketing call to his cellular telephone. Thereafter, “an…
Plaintiff’s Do-Not-Call Claim Survives Dismissal After Alleging Cell Phone was Used for Residential Purposes
Written by Dwayne Sam
A federal district court in Texas recently denied a Defendant’s motion to dismiss a TCPA complaint, finding that regulations regarding the National Do-Not-Call Registry apply to unsolicited telephone calls to a wireless phone when the phone…
Fourth Circuit Agrees that Navient’s Records Established TCPA Plaintiff Had Not Revoked Consent
Written by Michael Selle
It is well established that TCPA plaintiffs have a right to revoke their consent and are often given a fair amount of latitude in exercising their revocation rights. And, not surprisingly, courts are often reluctant to…
ARE ADDED ARBITRATION AGREEMENTS BECOMING TOUGHER TO ENFORCE?
Congratulations to FCC Commissioner Nominee Gigi Sohn!
Womble Bond Dickinson (US) LLP is pleased that President Biden has nominated long-time communications industry leader Gigi Sohn to be an FCC Commissioner.
Alert: New TCPA Risk Avoidance Tool
Written by Michael Selle
It was back in December 2018, before the pandemic temporarily shuttered stores and forced the whole world to “go remote,” that the FCC voted to create a national reassigned number database (RND) to help companies that
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Plaintiffs Alleging Use of Predictive Dialer Defeat Motion to Dismiss TCPA Class Action
Written by Dwayne Sam
A federal district court in Illinois recently denied an insurance provider’s motion to dismiss a TCPA class action complaint, finding that the alleged use of a predictive dialer was sufficient at the pleading stage.
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Litigation Under Florida’s Mini TCPA Begins to Heat Up
Written by Dwayne Sam
Since going into effect on July 1, 2021, the plaintiffs’ bar has wasted no time in seeking to test the limits of Florida’s mini-TCPA. In particular, one law firm active in prosecuting TCPA claims
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Company Using Predictive Dialer Prevails in Post-Facebook Decision
Written by Dwayne Sam
A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer.
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