December 16, 2015 On December 14, 2015, the United States District Court for the Southern District of California denied a motion for summary judgment filed by Yahoo! Inc. (“Yahoo”) which claimed that human intervention removed one of its text messaging platforms from the definition of “autodialer” within the meaning of the Telephone Consumer Protection Act […]
Does Yahoo Use an Autodialer in Violation of the TCPA? Read More »
July 20. 2015 On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications under the Telephone Consumer Protection Act (the “TCPA”). In the landmark ruling, the FCC doubled down on its expansive and controversial
FCC Digs In Its Heels on TCPA Autodialer Definition Read More »
July 9, 2015 The U.S. District Court for the Southern District of New York has awarded a Time Warner Cable Inc. (“TWC”) customer $229,500 in connection with 163 autodialed calls placed to her cell phone over a 13-month period. The calls were placed using an interactive voice response system (“IVR”) that was meant to call
Time Warner Hit with $230k Autodialer Judgment Read More »
February 10, 2015 In the case of Glauser v. GroupMe, Inc., the District Court for the Northern District of California recently rendered a decision on motion, the focal issue of which was determining whether GroupMe, Inc.’s (“GroupMe”) group mobile messaging application fit within the Telephone Consumer Protection Act’s (“TCPA”) definition of an autodialer. By way
Another Court Weighs in on TCPA Definition of Autodialer Read More »
November 10, 2014 On Tuesday November 4, 2014, social media giant Twitter, Inc. (“Twitter”) fully submitted a motion to dismiss a Telephone Consumer Protect Act (“TCPA”) class action lawsuit pending against it in the United States District Court for the Northern District of California. Among other issues addressed in Nunes v. Twitter, Inc., Twitter has
Twitter Joins Battle Over Definition of “Autodialer” Under TCPA Read More »
This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). (See Courts Split Over Definition of “Autodialer” Under TCPA). One Massachusetts federal court has further broadened the definition of ATDS under the TCPA. In Davis v. Diversified Consultants, Inc.,
More on TCPA “Autodialers” Read More »
As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes that utilize autodialers or pre-recorded messages. Of late, the statute has been the basis for several high profile class action lawsuits.
What is an “Autodialer” under the TCPA? Read More »
The Federal Communication Commission (“FCC”) announced late last week that it is seeking public comment on petitions that call into question certain provisions of the new Telephone Consumer Protection Act (“TCPA”) regulations, which went into effect on October 16th, 2013. The TCPA Generally The TCPA regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers and/or pre-recorded
New TCPA Petitions May Be More Good News for Telemarketers Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising