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Posts tagged as “TCPA”

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.

8th Cir. Holds Text Marketing System Was Not ATDS Under TCPA

Following the Supreme Court of the United States ruling in Facebook, Inc. v. Duguid, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the rulings of multiple trial courts to grant summary judgment in favor of the defendants, holding that an automated marketing system that sends promotional text messages to phone numbers randomly selected from a database of customers' information is not an automated telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act.

2nd Cir. Upholds Dismissal of TCPA ‘Unsolicited Advertisement’ Putative Class Action

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a putative class action alleging that an unsolicited faxed invitation to participate in a market research survey in exchange for money was an "unsolicited advertisement" under the federal Telephone Consumer Protection Act.

This Year the 1st Circuit and Mass. Courts Tackled Consumer Contacts

The U.S. Court of Appeals for the First Circuit and federal and state courts in Massachusetts decided several important cases for the consumer financial services industry in 2021. Two related cases concerned the constitutionality of a Massachusetts regulation limiting telephone contact with debtors and a third ruling came from the First Circuit on a federal TCPA action.