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.

Maurice Wutscher LLP

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.

Jacob C. VanAusdall

The U.S. Court of Appeals for the Sixth Circuit recently held that a single ringless voicemail is enough to confer standing to a plaintiff under the federal Telephone Consumer Protection Act.

Jacob C. VanAusdall

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order allocating class notice costs in the amount of $602,838 to the defendant in a putative class action alleging violations of the federal Telephone Consumer Protection Act.

Jacob C. VanAusdall

The District Court of Appeal of Florida, Third District, recently dismissed a putative class action asserting allegedly unwanted text messages under the federal Telephone Consumer Protection Act for lack of standing under Florida law.

Jacob C. VanAusdall

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.

Maurice Wutscher LLP

The U.S. Court of Appeals for the Second Circuit was relatively quiet when it came to the Fair Debt Collection Practices Act, only issuing three opinions.

Thomas Dominczyk

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.

Maurice Wutscher LLP

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.

Maurice Wutscher LLP

The U.S. Court of Appeals for the Ninth Circuit recently upheld the dismissal of a putative class action for alleged violation of the federal Telephone Consumer Protection Act.

Maurice Wutscher LLP

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.

Ralph T. Wutscher

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s denial of a plaintiff counsel’s motion for attorney’s fees, finding the firm’s prioritization of their interests over those of the class cut off any entitlement to attorney’s fees.

Maurice Wutscher LLP