TCPA

In an interesting twist on what defines an automated telephone dialing system, a District Court judge in Florida has denied a defendant’s motion for summary judgment, ruling that an automated message at the beginning of a call asking the recipient to wait for a representative falls under the scope of …

A final judgment of $267,349,000 has been entered against a collection agency that was found guilty of violating the Telephone Consumer Protection Act by making calls to individuals’ cell phones without their prior consent. A copy of the order in the case of McMillion v. Rash Curtis & Associates can …

A defendant accused of violating the Telephone Consumer Protection Act by making calls to individuals on their cell phones without obtaining proper consent because the calls were wrong numbers is objecting to a last-minute request from the plaintiffs for a “discovery do-over” on the eve of a hearing before the …

A Pennsylvania man has filed a lawsuit alleging he received 343 debt collection calls on his cell phone after he revoked his consent to be contacted, accusing the defendant of willfully violating the Telephone Consumer Protection Act. A copy of the complaint in Kearney v. Bank of America can be …

A pair of court documents in a potential landmark case were quickly making the rounds yesterday, as VoApps sought to prove, once and for all, that it’s Direct Drop Voicemail product should not be considered a call, as defined under the Telephone Consumer Protection Act. News of the filings were …

A District Court judge in Arizona has denied a defendant’s motion to dismiss after it was accused of violating the Telephone Consumer Protection Act by making collection calls to the plaintiff using an automated telephone dialing system. A copy of the ruling in McCullough v. Maximum Title Loans LLC can …

A District Court judge in Ohio has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Telephone Consumer Protection Act, denying the defendant’s argument that an outbound call can be turned into an inbound call and thus not subject to the TCPA. A copy of …

The Court of Appeals for the Eleventh Circuit has ruled that the receipt of one text message is not enough of a violation of the Telephone Consumer Protection Act to give someone standing to file a lawsuit under Article III of the Constitution, potentially throwing a wrench into the arguments …

A District Court judge in Pennsylvania has granted summary judgment to a defendant that was accused of violating the Telephone Consumer Protection Act by contacting an individual on his cell phone after he had revoked consent to be contacted, because the defendant was not using an automated telephone dialing system. …

The First Circuit Court of Appeals has waded into technical waters and determined that calls made to individuals who have smartphones that offer a hybrid of Voiceover Internet Protocol service and cellular service are subject to the Telephone Consumer Protection Act, and overturned a lower court’s summary judgment ruling in …