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Posts published in “TCPA”

9th Cir. Holds TCPA ‘Prerecorded Voice’ Did Not Apply to Text Messages

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s dismissal of a putative class action brought under the federal Telephone Consumer Protection Act. In so ruling, the Ninth Circuit held that the text messages at issue did not use “prerecorded voices” under the TCPA because they did not include audible components.

9th Cir. Holds Phone ‘Subscriber’ Who Was Not the Phone’s User Had Article III Standing to Assert TCPA Claim

The U.S. Court of Appeals for the Ninth Circuit recently held that the owner and subscriber of a phone number listed on the Do Not Call Registry suffered an injury in fact sufficient to confer Article III standing when unwanted text messages were sent to the number in alleged violation of the Telephone Consumer Protection Act, even when the owner and subscriber was not the actual user of the phone.

Calif. Supreme Court Holds TCPA Claims May Be Covered by CGL Policy Provision for Violation of ‘Right to Privacy’

The California Supreme Court recently answered a certified question from the U.S. Court of Appeals for the Ninth Circuit, holding that a commercial general liability (“CGL”) insurance policy that provides coverage for “injury ... arising out of ... [o]ral or written publication, in any manner, of material that violates a person’s right of privacy” can cover liability for intrusion on the right of seclusion arising from violations of the federal Telephone Consumer Protection Act if such coverage is consistent with the insured’s objectively reasonable expectations.

9th Cir. Holds TCPA Autodialer Must Generate and Dial Random or Sequential Phone Numbers

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random or sequential telephone numbers under the TCPA's plain text.

9th Cir. Holds Companies Can Sue Under ATDS Provisions of TCPA, Mixed-Use Cell Phones Can Be ‘Residential’

The U.S. Court of Appeals for Ninth Circuit recently reversed a trial court’s judgment dismissing a federal Telephone Consumer Protection Act complaint brought by a group of home improvement contractors for lack of statutory standing.

11th Cir. Vacates $35 Million TCPA Class Settlement on Article III Standing Grounds

In an appeal of a $35 million federal Telephone Consumer Protection Act class action settlement initially involving a dispute over coupon settlements, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded the trial court's approval of the class action settlement due to Article III standing problems with the settlement class.