Earlier this year, we wrote a piece about a petition to the Federal Communications Commission (“FCC”) aimed at curbing the influx of Telephone Consumer Protection Act (“TCPA”) telemarketing quiet hours lawsuits. Since the filing of the petition, TCPA quiet hours filings have surged and a recent submission to the FCC in further support of the […]
Telemarketing Quiet Hours Petition Update Read More »
As our readers are aware, the Telephone Consumer Protection Act (“TCPA”) prohibits businesses from delivering certain types of unsolicited calls and text messages to consumers. Traditionally, courts have understood this prohibition to cover classic TCPA telemarketing activity involving promotions of commercial products and services. However, recent court decisions have drawn important distinctions where communications are not intended to sell products or services, but rather to inquire as to whether properties are for sale. How Does the TCPA Define Telemarketing and Solicitation? The typical TCPA lawsuit alleges that defendant initiated a telemarketing call
Offers to Buy May Not Constitute TCPA Marketing Violations Read More »
Last month, Chewy, Inc. (“Defendant”) was named as a defendant in an Americans with Disabilities Act (“ADA”) class action lawsuit filed in the United States District Court for the Southern District of New York. Plaintiff, who is legally blind, alleged that Defendant violated the ADA because its website contained accessibility barriers for visually impaired individuals.
More Than You Can Chew? Hire Website ADA Counsel Read More »
Our readers are familiar with a New Jersey State law known as Daniel’s Law, and the entity responsible for an influx of lawsuits alleging that companies violated the law. Recently, a New Jersey State Senator introduced legislation to “eliminate the loopholes and reaffirm the law’s original intent.” Below, we discuss the Daniel’s Law legislation in
Daniel’s Law Legislation Read More »
Our readers may recall a recent piece in which we discussed a new flavor of Telephone Consumer Protection Act (“TCPA”) lawsuit being filed by The Law Offices of Jibrael Hindi (“Hindi”). Although the majority of cases Hindi files remains TCPA quiet hours lawsuits, Hindi’s filing of TCPA actions alleging that companies failed to honor consumer
The TCPA Remains Hindi’s Focus Read More »
On July 16, 2025, the United District Court for the Eastern District of Pennsylvania issued a noteworthy decision in Newell v. JR Capital, LLC. Among other claims, Plaintiff alleged that Defendant violated the Telephone Consumer Protection Act (“TCPA”) by sending her over five text messages that did not contain caller identification information. Defendant filed a
TCPA Caller Identification Defenses Read More »
After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds previously unavailable. In the wake of McKesson, federal district courts now can independently evaluate TCPA claims without deferring to interpretations or guidance issued by
It’s A Brave New World for TCPA Claims Read More »
As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate websites which utilize third-party tracking technology, including TikTok pixels. Plaintiff’s typically allege that use of pixel technology constitutes an unlawful wiretap or “trap and trace device” under CIPA. Over the past months, several newly-rendered decisions signal that courts may no longer entertain CIPA claims if they involve the use of pixel tracking technology. What Are
TikTok Pixel CIPA Claims Are Running on Borrowed Time Read More »