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Posts published in “TCPA”

9th Cir. Holds Party That Obtains Cell Number Indirectly May Have TCPA Consent

The U.S. Court of Appeals for the Ninth Circuit recently held that calls from a survey company that received the called party’s contact information through an intermediary did not violate the federal Telephone Consumer Protection Action (TCPA) because the called party provided prior express consent. In…

ANALYSIS: DC Circuit Dials Back on FCC’s Broadening of Telephone Consumer Protection Act

In July of 2015 the Federal Communications Commission handed down an order that unreasonably expanded the reach of the 1991 Telephone Consumer Protection Act, exposing any business using a telephone to the risk of TCPA liability. A decision from the United States Court of Appeals…

9th Cir. Rejects Attempt to Hold Lenders Liable for Promoter’s Alleged TCPA Violations

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s judgment in favor of several lender defendants in a putative TCPA class action, ruling that the defendants could not be vicariously liable under the TCPA for a promoter’s text messages because…

3rd Cir. Holds Defendants Arguing Class Not Ascertainable in TCPA Suit Must Still Produce Putative Class Member Info

The U.S. Court of Appeals for the Third Circuit recently reversed an order denying a motion to compel production of a marketing database of putative class members in a federal Telephone Consumer Protection Act (TCPA) lawsuit. In so ruling, the Third Circuit held that:  (1) defendants…