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Posts published in “TCPA”

3rd Cir. Holds Single Unsolicited Automated Call Enough to Confer Standing

The U.S. Court of Appeals for the Third Circuit recently held that a consumer satisfied the concreteness requirement for constitutional standing and asserted a valid cause of action under the federal Telephone Consumer Protection Act (TCPA), where she alleged she received one unsolicited prerecorded phone…

7th Cir. Rules Depositing Named Plaintiff’s Full Monetary Relief With Trial Court Did Not Moot Putative Class Action

The U.S. Court of Appeals for the Seventh Circuit recently concluded that a putative class representative’s unaccepted deposit of payment with the trial court under Fed. R. Civ. P. 67 by the defendant does not moot the representative’s individual claim or disqualify him from serving…

2nd Cir. Holds Consumer Cannot Unilaterally Revoke TCPA Consent Provided in Binding Contract

The U.S. Court of Appeals for the Second Circuit recently concluded that a consumer’s consent to receive manual or automated telephone calls is irrevocable under the Telephone Consumer Protection Act (TCPA) when the consent was included in a binding contract. The Second Circuit described the…

8th Cir. Upholds Dismissal of TCPA Class Action Based on Consent Shown in Heavily Redacted Records

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a putative class action brought under the federal Telephone Consumer Protection Act (TCPA) for making unsolicited telemarketing calls. The Eighth Circuit held that the plaintiff had given prior express written consent…

DC Cir. Holds FCC Exceeded Its Authority Under TCPA as to ‘Solicited Fax’ Rule

The U.S. Court of Appeals for the District of Columbia Circuit recently held that the Federal Communications Commission’s 2006 Solicited Fax Rule exceeded its authority under the federal Telephone Consumer Protection Act (TCPA) to the extent that it requires opt-out notices on fax advertisements sent…

11th Cir. Adopts ‘Claim Splitting’ Doctrine, Upholds Dismissal of Duplicative Litigation

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a complaint alleging violations of the federal Telephone Consumer Protection Act, the federal Fair Debt Collection Practices Act (FDCPA) and its analogue under Florida state law, because the plaintiff previously filed…