October 11, 2019 The United States Supreme Court (“SCOTUS” or the “Court”) recently began its new term and immediately issued an order involving the Telephone Consumer Protection Act (“TCPA”). Fast on the heels of a recent decision at the end of the last term in which the Court was presented with a dispute over the […]
Supreme Court Presented with TCPA Fax Issue Read More »
June 24, 2019 As the United States Supreme Court (“SCOTUS”) wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order (“FCC”) regarding the junk fax provisions of Telephone Consumer Protection Act (“TCPA”). Industry pundits had been patiently awaiting a decision on the
Supreme Court Addresses TCPA Fax Issue Read More »
April 16, 2018 In a fax lawsuit involving allegations against AT&T Mobility LLC and AT&T Mobility National Accounts LLC (“AT&T”) for violation of the Telephone Consumer Protection Act (“TCPA”), a federal judge in the United States District Court for the District of Connecticut recently denied a motion for class certification brought by the former corporate
Class Certification Denied in Fax Lawsuit Read More »
January 29, 2019 The United States District Court for the Western District of New York recently issued a decision interpreting the Telephone Consumer Protection Act (“TCPA”) with respect to whether a fax transmission violated the statute. In particular, the TCPA fax case required the court to decide whether the subject fax transmission constituted an advertisement
What is an Advertisement in a TCPA Fax Case? Read More »
November 21, 2018 On November 14, 2018, the Federal Communications Commission (“FCC”) issued an order (“2018 Order”) formally eliminating the requirement that opt-out notices must be included on faxes sent with the recipients’ prior consent pursuant to the Telephone Consumer Protection Act (“TCPA”). The FCC’s new TCPA law guidance appears to be in direct response
TCPA Law – FCC Eliminates Opt-Out Notice Requirement for Solicited Faxes Read More »
November 15, 2018 The United States Supreme Court has agreed to hear argument on a matter involving the Telephone Consumer Protection Act (“TCPA”), granting certiorari to an appeal of a TCPA fax case arising from a decision handed down by the United States District Court for the Southern District of West Virginia. What are the
U.S. Supreme Court to Hear TCPA Fax Case Read More »
March 9, 2018 On March 5, 2018, a motion to dismiss a fax class action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Prevention Act, in the United States District Court for the Northern District of Illinois was denied. In Florence Mussat, M.D. S.C. v. Enclarity, No. 1:16-cv-07643
TCPA Fax Lawsuit against Enclarity Proceeds Read More »
February 8, 2018 A multi-million dollar settlement agreement of a nationwide Telephone Consumer Protection Act (“TCPA”) fax class action lawsuit has been presented to a federal judge in Massachusetts for approval. What was the nature of the TCPA fax class action lawsuit and the agreed upon settlement?
Court Approval Sought for TCPA Fax Class Action Settlement Read More »
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